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LIBRARY OF CONGRESS. 

(SMITHSONIAX DEPOSIT.) 

Chap. JK 57 2 5 

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/ 



CONSTITUTION 



OF THE 



State of Illinois. 



Adopted and Ratified \ 



1870 



SPRINGFIELD: 

Weber & Co., State Printers. 

1879. 



It, 



COMPLIMENTS OF 



:•.; Geo. H. Harlow, 
« •# • 

' ^Please Exchange. Secretary of State. 






CONSTITUTION 



OF THE 



STATE OF ILLINOIS. 



h 



ADOPTED AND RATIFIED 



IN 



k,* 



1870, • ^, 



AND AMENDED IN 1877. 






SPRINGFIELD: 
Weber & Co., State Printers. 
| 1879. 

J 



TABLE OF CONTENTS. 



Article I. Boundaries of the State. 

" II. Bill of Rights. 

" III. Distribution of Powers. 

" IV. Legislative Department. 

" V. Executive Department. 

" VI. Judicial Department. 

" VII. Suffrage. 

" VIII. Education. 

" IX. Revenue. 

" X. Counties. 

" XI. Corporations. 

XII. Militia. 

" XIII. Warehouses. 

" XIV. Amendments to the Constitution. 

" ^ Separate Sections. 

" Schedule. 

" Certificate. 

" Proclamation. 



CONSTITUTION OF THE STATE OF. ILLINOIS. 

Adopted ix ( iton at Springfield, 

May 13, A. D. 1870. 

[Ratified by the People July 2, 1870; in force August 8th, 1870; and amended, in 1877. J 



PREAMBLE. 

We, the people of the State of Illinois — grateful to Almighty- 
God for the civil, political and religious liberty which He hath 
so long permitted us to enjoy, and looking to Him for a bless- 
ing upon our endeavors to secure and transmit the same un- 
impaired to succeeding generations — in order to form a more 
perfect government, establish justice, insure domestic tranquili- 
ty, provide for the common defense, promote the general wel- 
fare, and secure the blessings of liberty to ourselves and our 
posterity; do ordain and establish this constitution for the 
State of Illinois. 

ARTICLE L 
Boundaries. 

The boundaries and jurisdiction of the State shall be as fol- 
lows, to-w r it: Beginning at the mouth of the Wabash river; 
thence up the same, and with the line of Indiana, to the north - 

st corner of said State; thence east, with the line of the same 
State, to the middle of Lake Michigan; thence north along the 
middle of said lake, to north latitude forty-two degrees and 
thirty minutes; thence west to the middle of the Mississippi 
river, and thence down along the middle of that river to its 

.fiuence with the Ohio river, and thence up the latter river, 

along its northwestern shore, to the place of beginning: Provid- 

That this State shall exercise such jurisdiction upon the 

Ohio river, as she is now entitled to, or such as may hereafter 

be agreed upon by this State and the State of Kentucky. 



Constitution 



ARTICLE n. 
Bill of Rights. 



§ i. 

§ 2. 

§ 3. 

§ 4. 

§ 5. 

§ 6. 

§ 7. 



§ 9. 
§ 10. 
§ 11. 



Inherent and Inalienable Rights. 
Due Process ef Law. 
Liberty of Conscience Guaranteed. 
Freedom of the Press -Libel. 
Right of Trial by Jury. 
Unreasonable Searches and Seizures. 
Bail allowed -Writ of Habeas Corpus. 
Indictment required — Grand Jury 

Abolished. 
Rights of Persons Accused of crime. 
Self Crimination— Former Trial. 
Penalties Proportionate— Corruption 

—Forfeiture . 



§ 12. Irapris >nment for Debt. 

5 13. Compensation for Property taken. • 

§ 14. Ex post facto laws — Irrevocable 

Grants . 

§ 15. Military Power Subordinate. 

§ 16. Quartering of Soldiers. 

§ 17. Right of Assemblv and Petition. 

§18. Elections to be Free and Equal. 

§ 19. What Laws ought to be. 

§ 20. Fundamental Principles. 



§ 1. All men are by nature free and independent, and have 
certain inherent and inalienable rights — among these are life, 
liberty and the pursuit of happiness. To secure these rights 
and the protection of property, governments are instituted 
among men, deriving their just powers from the consent of the 
governed. 

§ 2. No person shall be deprived of life, liberty or property, 
without due process of law. 

§ 3. The free exercise and enjoyment of religious profession 
and worship, without discrimination, shall forever be guaran- 
ted; and no person shall be denied any civil or political right, 
privilige or capacity, on account of his religious opinions; but 
the liberty of conscience hereby secured shall not be construed 
to dispense with oaths or affirmations, excuse acts of licen- 
tiousness, or justify practices inconsistent with the peace or 
safety of the State. No person shall be required to attend or 
support any ministry or place of worship against his consent, 
nor shall any preference be given by law to any religious de- 
nomination or mode of worship. 

§ 4. Every person may freely speak, write and publish on 
all subjects, being responsible for the abuse of that liberty; 
and in all trials for libel, both civil and criminal, the truth, 
when published with good motives and for justifiable ends, 
shall be a sufficient defense. 

§ 5. The right of trial by jury as heretofore enjoyed, shall 
remain inviolate; but the trial of civil cases before justices of 
the peace by a jury of less than twelve men, may be author- 
ized bylaw. 



State of Illinois. 



§ 6. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and 
seizures, shall not be violated; and no warrant shall issue with- 
out probable cause, supported by affidavit, particularly de- 
scribing the place to be searched, and the persons or things to 
be seized. 

§ 7. All persons shall be bailable by sufficient sureties, ex- 
cept for capital offenses, where the proof is evident or the pre- 
sumption great; and the privilege of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or 
invasion the public safety may require it. 

§ 8. No person shall be held to answer for a criminal of- 
fense, unless on indictment of a grand jury, except in cases in 
which the punishment is by fine, or imprisonment otherwise 
than in the penitentiary, in cases of impeachment, and in cases 
arising in the army and navy, or in the militia when in actual 
service in time of war or public danger: Provided, That the 
grand jury may be abolished by law in all cases. 

§ 9. In all criminal prosecutions, the accused shall have the 
right to appear and defend in person and by counsel; to de- 
mand the nature and cause of the accusation, and to have a 
copy thereof; to meet the witnesses face to face, and to have 
process to compel the attendance of witnesses in his behalf, 
and a speedy public trial by an impartial jury of the county 
or district in which the. offense is alledged to have been com- 
mitted. 

§ 10. No person shall be compelled in any criminal case 
to give evidence against himself, or be twice put in jeopardy 
for the same offense. 

§ 11. All penalties shall be proportioned to the nature of 
the offense; and no conviction shall work corruption of blood 
or forfeiture of estate; nor shall any person be transported out 
of the State for any offense committed within the same. 

§ 12. No person shall be imprisoned for debt, unless upon 
refusal to deliver up his estate for the benefit of his creditors, 
in such manner as shall be prescribed by law; or in cases 
where there is strong presumption of fraud. 



6 Constitution 



§ 13. Private property shall not be taken or damaged for 
public use without just compensation. Such compensation, 
when not made by the State, shall be ascertained by a jury, as 
shall be prescribed by law. The fee of land taken for railroad 
tracks, without consent of the owners thereof, shall remain in 
such owners, subject to the use for which it is taken. 

§ 14. No ex post facto law, or law impairing the obligation 
of contracts, or making any irrevocable grant of special privi- 
leges or immunities, shall be passed. 

§ 15. The military shall be in strict subordination to the 
civil power. 

§ 16. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war ex- 
cept in the manner prescribed by law. 

§ 17. The people have the right to assemble in a peaceable 
manner to consult for the common good, to make known their 
opinions to their representatives, and to apply for redress of 
grievances. 

§ 18. All elections shall be free and equal. 

§ 19. Every person ought to find a certain remedy in the 
laws for all injuries and wrongs which he may receive in his 
person, property or reputation; he ought to obtain, by law, 
right and justice freely and without being obliged to purchase 
it, completely and without denial,promptly and without delay. 

§ 20. A frequent recurrence to the fundamental principles 
of civil government is absolutely necessary to preserve the 
blessings of liberty. 

ARTICLE III. 

Distribution of Powers. 

The powers of the Government of this State are divided into 
three distinct departments — the Legislative, Executive and 
Judicial; and no person, or collection of persons, being one 
of these departments, shall exercise any power properly be- 
longing to either of the others, except as hereinafter expressly 
directed or permitted. 



State of Illinois. 



ARTICLE IV. 
Legislative Department. 



e 1. 
6 2. 

8 3. 

6 4. 

* 5. 

8 6. 

§ 7. 

8 9. 

8 10. 

8 11. 
8 12. 

8 13. 

8 14. 
8 16. 
8 16. 
6 17. 



General Assembly elective. 

Time of Elections— Vacancies. 

Who are Eligible. 

Disqualification by Crime. 

Oath taken by members. 

Senatorial Apportionments. 

and 8. Minority Representation. 

Time of meeting— General Rules. 

Becrecy Adjournment— Journals — 
Pretests. 

Style of laws. 

Origin and passage of Bills. 

Heading — Printing — Title — Amend- 
ments. 

Privileges of members. 

Disabilities of members. 

Bills making Appropriations. 

Payment of money— Statement of 
Expenses. 



6 18. Ordinary Expenses— Casual Deficits- 
Appropriations limited. 

8 19. Extra Compensation or Allowance. 

8 20. Public Credit not loaned. 

8 21. Pay and milage of members. 

8 22. Special Legislation prohibited. 

8 23. Against Release from Liability. 

8 24. Proceedings on Impeachment. 

8 25. Fuel, Stationery, and Printing. 

8 26. State not to be sued. 

8 27, Lotteries and Gift Enterprises. 

8 28 Terms of Office not Extended. 

§ 29. Protection of operative miners. 

8 30. Concerning Roads— public and 
vate. 

8 31. Draining and Ditching. 

8 32. Homestead and Exemption Laws. 

S 33. Completion of the State House. 



pri- 



§ 1. The legislative power shall be vested in a General As- 
sembly, which shall consist of a Senate and House of Repre- 
sentatives, both to be elected by the people. 

ELECTION. 

§ 2. An election for members of the General Assembly 
shall be held on the Tuesday next after the first Monday in 
November, in the year of our Lord one thousand eight hun- 
dred and seventy, and every two years thereafter, in each 
county, at such places therein as may be provided by law. 
When vacancies occur in either house, the governor, or per- 
son exercising the powers of governor, shall issue writs of 
election to fill such vacancies. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a senator who shall not have at- 
tained the age of twenty-five years, or a representative who 
shall not have attained the age of twenty-one years. No per- 
son shall be a senator or a representative who shall not be a 
citizen of the United States, and who shall not have been for 
five years a resident of this State, and for two years next 
preceding his election a resident within the territory forming 
the district from which he is elected. No judge or clerk of 
any court, secretary of state, attorney general, state's attor- 
ney, recorder, sheriff, or collector of public revenue, member 
of either house of congress, or person holding any lucrative 



8 CONSTITUTIOK 



office under the United States or this State, or any foreign 
government, shall have a seat in the general assembly: Pro- 
vided^ That appointments in the militia, and the offices of 
notary public and justice of the peace, shall not be considered 
lucrative. Nor shall any person holding any office of honor 
or profit under any foreign government, or under the govern- 
ment of the United States, (except postmasters whose annual 
compensation does not exceed the sum of three hundred dol- 
lars) hold any office of honor or profit under the authority of 
this State. 

§ 4. No person who has been, or hereafter shall be con- 
victed of bribery, perjury or other infamous crime, nor any 
person who has been or may be a collector or holder of pub- 
lic moneys, who shall not have accounted for and paid over, 
according to law, all such moneys due from bim, shall be eli- 
gible to the general assembly, or to any office of profit or trust 
in this State. 

§ 5. Members of the general assembly, before they enter 
upon their official duties, shall take and subscribe the follow- 
ing oath or affirmation: 

"I do solemnly swear (or affirm) that I will support the constitution of the United 
States and the constitution of the State of Illinois, and will faithfully discharge the 
duties of senator (or representative) according to the best of my ability; and that I 
have not, knowingly or intentionally, paid or contributed anything, or made any prom- 
ise in the nature of a bribe, to directly or indirectly influence any vote at the election 
at which I was chosen to fill the said office, and have not accepted, nor will I accept or 
receive, directly or indirectly, any money or other valuable thing, from any corpor- 
tion, company or person, for any vote or influence I may give or withhold on any bill, 
resolution or appropriation, or for any other official act." 

This oath shall be administered by a judge of the supreme 
or circuit court in the hall of the house to which the member 
is elected, and the secretary of state shall record and file the 
oath subscribed by each member. Any member who shall 
refuse to take the oath herein prescribed shall forfeit his of- 
fice, and every member who shall be convicted of having 
sworn falsely to, or of violating, his said oath, shall forfeit 
his office and be disqualified thereafter from holding any 
office of profit or trust in this State. 

APPORTIONMENT — SENATORIAL. 

§ 6. The general assembly shall apportion the State every 
ten years, beginning with the year one thousand eight hun- 



State of Illinois. 9 

dred and seventy-one, by dividing the population of the State, 
as ascertained by the federal census, by the number fifty-one, 
and the quotient shall be the ratio of representation in the Sen- 
ate. The State shall be divided into fifty-one senatorial districts, 
each of which shall elect one senator, whose term of office 
shall be four years. The senators elected in the year of our 
Lord one thousand eight hundred and seventy-two, in districts 
bearing odd numbers, shall vacate their offices at the end of 
two years, and those elected in districts bearing even numbers, 
at the end of four years; and vacancies occurring by the expira- 
tion of term shall be filled by the election of senators for the 
full term. Senatorial districts shall be formed of contiguous 
and compact territory, bounded by county lines, and contain 
as nearly as practicable an equal number of inhabitants; but 
no district shall contain less than four-fifths of the senator- 
ial ratio. Counties containing not less than the ratio and 
three-fourths, may be divided into separate districts, and shall 
be entitled to two senators, and to one additional senator 
for each number of inhabitants equal to the ratio, contained 
by such counties in excess of twice the number of said ratio. 

MINORITY REPRESENTATION. 

Note.— By the adoption of minority representation, §§ 7 and 8, of this article, cease 
to be a part of the constitution. Under § 12 of the schedule, and the vote of adoption, 
the following* sectioD relating to minority representation is substituted for said sec- 
tions: 

§§ 7 and 8. The house of representatives shall consist of 
three times the number of the members of the senate, and the 
term of office shall be tw r o years. Three representatives shall 
be elected in each senatorial district at the general election in 
the year of our Lord one thousand eight hundred and seventy- 
two, and every two years thereafter. In all elections of rep- 
resentatives aforesaid, each qualified voter may east as many 
votes for one candidate as there are representatives to be 
elected, or may distribute the same, or equal parts thereof, 
among the candidates, as he shall see fit; and the candidates 
highest in votes shall be declared elected. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the general assembly shall commence 
at twelve o'clock noon, on the Wednesday next after the first 



10 Constitution 



Monday in January, in the year next ensuing the election of 
members thereof, and at no other time, unless as provided by 
this constitution. A majority of the members elected to each 
house shall constitute a quorum. Each house shall determine 
the rules of its proceedings, and be the judge of the election, 
returns and qualifications of its members; shall choose its own 
officers; and the senate shall choose a temporary president to 
preside when the lieutenant governor shall not attend as presi- 
dent or shall act as governor. The secretary of state shall call 
the house of representatives to order at the opening of each 
new assembly, and preside over it until a temporary presiding 
officer thereof shall have been chosen and shall have taken his 
seat. No member shall be expelled by either house, except 
by a vote of two-thirds of all the members elected to that 
house, and no member shall be twice expelled for the same 
offense. Each house may punish by imprisonment any per- 
son, not a member, who shall be guilty of disrespect to the 
house by disorderly or contemptuous behavior in its presence. 
But no such imprisonment shall extend beyond twenty-four 
hours at one time, unless the person shall persist in such dis- 
orderly or contemptuous behavior. 

§ 10. The doors of each house and of committees of the 
whole shall be kept open, except in such cases as, in the opin- 
ion of the house, require secrecy. Neither house shall, without 
the consent of the other, adjourn for more than two days, or to 
any other place than that in which the two houses shall be 
sitting. Each house shall keep a journal of its proceedings, 
which shall be published. In the senate at the request of two 
members, and in Ihe house at the request of five members, the 
yeas and nays shall be taken on any question, and entered up- 
on the j ournal. Any two members of either house shall have lib- 
erty to dissent from and protest, in respectful language, against 
any act or resolution which they think injurious to the public 
or to any individual, and have the reasons of their dissent en- 
tered upon the journals. 



State of Illinois. 11 

style of laws, and passage of bills. 

§ 11 . The style of the laws of this State shall be: "Be it en- 
acted by the People of the State of Illinois, represented in the 

ubij/y 

§ 1 2, Bills may originate in either house, but may be alter- 
ed, amended or rejected by the other; and on the final passage 
of all bills, the vote shall be by yeas and nays, upon each bill 
separately, and shall be entered upon the journal; and no bill 
shall become a law without the concurrence of a majority of 
the members elected to each house. 

§ 13. Every bill shall be read at large on three different 
days, in each house; and the bill and all amendments thereto 
shall be printed before the vote is taken on its final passage; 
. and every bill, having passed both houses, shall be signed by 
the speakers thereof. No act hereafter passed shall embrace 
more than one subject, and that shall be expressed in the title. 
But if any subject shall be embraced in an act which shall not 
be expressed in the title, such act shall be void only as to so 
much thereof as shall not be so expressed; and no law shall be 
revived or amended by reference to its title only, but the law 
revived, or the section amended, shall be inserted at length in 
the new act. And no act of the general assembly shall take 
effect until the first day of July next after its passage, unless, 
in case of emergency, (which emergency shall be expressed in 
the preamble or body of the act), the general assembly shall, 
by a vote of two-thirds of all the members elected to each 
house, otherwise direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, ex- 
cept treason, felony or breach of the peace, be privileged from 
arrest during the session of the general assembly, and in going 
to and returning from the same; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

§ 15. No person elected to the general assembly shall re- 
ceive any civil appointment within this State from the gover- 



12 Constitution 



nor, the governor and senate, or from the general assembly, 
during the term for which be shall have been elected; and all 
such appointments, and all votes given for any such members 
for any such office or appointment, shall be void; nor shall any 
member of the general assembly be interested, either directly 
or indirectly, in any contract with the State, or any county 
thereof, authorized by any law passed during the term for 
which he shall have been elected, or within one year after the 
expiration thereof. 

PUBLIC MONEYS AND APPKOPKIATIONS. 

§ 16. The general assembly shall make no appropriation 
of money out of the treasury in any private law. Bills mak- 
ing appropriations for the pay of members and officers of the 
general assembly, and for the salaries of the officers of the gov- 
ernment, shall contain no provision on any other subject. 

§ 17. No money shall be drawn from the treasury except 
in pursuance of an appropriation made by law, and on the 
presentation of a warrant issued by the auditor thereon; and 
no money shall be diverted from any appropriation made for 
any purpose, or taken from any fund whatever, either by joint 
or separate resolution. The auditor shall, within sixty days 
after the adjournment of each session of the general assembly, 
prepare and publish a full statement of all money expended 
at such session, specifying the amount of each item, and to 
whom and for what paid. 

§ 18. Each general assembly shall provide for all the ap- 
propriations necessary for the ordinary and contingent expen- 
ses of the government until the expiration of the first fiscal 
quarter after the adjournment of the next regular session, the 
aggregate amount of which shall not be increased without a 
vote of two-thirds of the members elected to each house, nor 
exceed^the amount of revenue authorized by law to be raised in 
such time; and all appropriations, general or special, requiring 
money to be paid out of the State Treasury, from funds be- 
longing to the State, shall end with such fiscal quarter: Pro- 
videdjjhe State may, to meet casual deficits or failures in rev- 



State of Illinois. 13 

enues, contract debts, never to exceed in the aggregate two- 
hundred and fifty thousand dollars; and moneys thus borrowed 
shall be applied to the purpose for which they were obtained, 
or to pay the debt thus created, and to no other purpose; and 
no other debt, except for the purpose of repelling invasion, 
suppressing insurrection, or defending the State in war, (for 
payment of which the faith of the State shall be pledged), shall 
be contracted, unless the law authorizing the same shall, at a 
general election, have been submitted to the people, and have 
received a majority of the votes cast for members of the general 
assembly at such election. The general assembly shall pro- 
vide for the publication of said law for three months, at least, 
before the vote of the people shall be taken upon the same ; 
and provision shall be made, at the time, for the payment of 
the interest annually, as it shall accrue, by a tax levied for 
the purpose, or from other sources of revenue; which law, 
providing for the payment of such interest by such tax, shall 
be irrepealable until such debt be paid: And provided, far- 
ther, that the law levying the tax shall be submitted to the 
people with the law authorizing the debt to be contracted. 

§ 19. The general assembly shall never grant or authorize 
extra compensation, fee or allowance to any public officer, 
agent, servant or contractor, after service has been rendered or 
a contract made, nor authorize the payment of any claim, or 
part thereof, hereafter created against the State under any 
agreement or contract made without express authority of law; 
and all such unauthorized agreements or contracts shall be 
null and void: Provided, the general assembly may make ap- 
propriations for expenditures incurred in suppressing insur- 
rection or repelling invasion. 

30. The State shall never pay, assume or become respon- 
sible for the debts or liabilities of, or in any manner give, loan 
or extend its credit to, or in aid of any public or other corpo- 
ration, association or individual. 

PAY OF MEMBERS. 

§ 21. The members of the general assembly shall receive 
for their services the sum of five dollars per day, during the 



14 Constitution 



first session held under this constitution, and ten cents for 
each mile necessarily traveled in going to and returning from 
the seat of government, to be computed by the auditor of 
public accounts; and thereafter such compensation as shall be 
prescribed by law, and no other allowance or emolument, direct- 
ly or indirectly, for any purpose whatever; except the sum of fif- 
ty dollars per session to each member, which shallbe in full for 
postage, stationary, newspapers, and all other incidental ex- 
penses and perquisites; but no change shall be made in the 
compensation of members of the general assembly during the 
term for which they may have been elected. The pay and 
mileage allowed to each member of the general assembly shall 
be certified by the speakers of their respective houses, and 
entered on the journals, and published at the close of each 
session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22. The general assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: 
for — 

Granting divorces; 

Changing the names of persons or places; 

Laying out, opening, altering and working roads or high- 
ways; 

Vacating roads, town plats, streets, alleys and public 
grounds; 

Locating or changing county seats; 

Regulating county and township affairs; 

Regulating the practice in courts of justice; 

Regulating the jurisdiction and duties of justices of the 
peace, police magistrates, and constables; 

Providing for changes of venae in civil and criminal cases; 

Incorporating cities, towns, or villages, or changing or 
amending the charter of any town, city or village; 

Providing for the election of members of the board of super- 
visors in townships, incorporated towns or cities; 

Summoning and impaneling grand or petit juries; 



State of Illinois. 15 



Providing for the management of common schools; 
Regulating the rate of interest on money; 
The opening and conducting of any election, or designating 
the place of voting; 

The sale or mortgage of real estate belonging to minors or 
others under disability; 

The protection of game or fish; 

Chartering or licensing ferries or toll bridges; 

Remitting tines, penalties or forfeitures; 

Creating, increasing, or decreasing fees, percentage or allow- 
ances of public officers, during the term for which said officers 
are elected or appointed; 

Changing the law of descent; 

Granting to any corporation, association or individual the 
right to lay down railroad tracks, or amending existing char- 
ters for such purpose; 

Granting to any corporation, association or individual any 
special or exclusive privilege, immunity or franchise what- 
ever. 

In all other cases where a general law can be made appli- 
cable, no special law shall be enacted. 

§ 23. The general assembly shall have no power to release 
or extinguish, in whole or in part, the indebtedness, liability, 
or obligation of any corporation or individual to this State or 
to any municipal corporation therein. 

IMPEACHMENT. 

§ 24. The house of representatives shall have the sole 
power of impeachment; but a majority of all the members 
elected must concur therein. All impeachments shall be 
tried by the senate; and when sitting for that purpose, the 
senators shall be upon oath, or affirmation, to do justice ac- 
cording to law and evidence. When the governor of the state 
is tried, the chief justice shall preside. No person shall be 
convicted without the concurrence of two-thirds of the sena- 
tors elected. But judgment, in such cases, shall not extend 
further than removal from office, and disqualification to hold 



16 Constitution 



any office of honor, profit or trust under the government of 
this State. The party, whether convicted or acquitted, shall, 
nevertheless, be liable to prosecution, trial, judgment and 
punishment according to law. 

MISCELLANEOUS. 

§ 25. The general assembly shall provide, by law, that the 
fuel, stationery, and printing paper furnished for the use of 
the State; the copying, printing, binding and distributing 
the laws and journals, and all other printing ordered by the 
general assembly, shall be let by contract to the lowest res- 
ponsible bidder; but the general assembly shall fix a maximum 
price; and no member thereof, or other officer of the State, 
shall be interested, directly or indirectly, in such contract. 
But all such contracts shall be subject to the approval of the 
governor, and if he disapproves the same there shall be a 
re-letting of the contract, in such manner as shall be pre- 
scribed by law. 

§ 26. The State of Illinois shall never be made defendant 
in any court of law or equity. 

§ 27. The general assembly shall have no power to autho- 
rize lotteries or gift enterprises, for any purpose, and shall 
pass laws to prohibit the sale of lottery or gift enterprise 
tickets in this State. 

§ 28. No law shall be passed which shall operate to extend 
the term of any public officer after his election or appoint- 
ment. 

§ 29. It shall be the duty of the general assembly to pass 
such laws as may be necessary for the protection of operative 
miners, by providing for ventilation, when the same may be 
required, and the construction of escapement shafts, or such 
other appliances as may secure safety in all coal mines, and 
to provide for the enforcement of said laws by such penalties 
and punishments, as may be deemed proper. 

§ 30. The general assembly may provide for establishing 
and opening roads and cartways, connected with a public road, 
for private and public use. 



State of Illinois. 



17 



§ 31. The general assembly may pass laws permitting the 
owners of lands to construct drains, ditches and levees for agri- 
cultural, sanitary or mining purposes, across the lands of others, 
and provide for the organization of drainage districts, and vest 
the corporate authorities thereof, with power to construct and 
maintain levees, drains and ditches, and to keep in repair all 
drains, ditches and levees heretofore constructed under the 
laws of this State, by special assessments upon the property 
benefited thereby. 

[Section 31, as adopted and ratified in the constitution of 1870, reads as follows: 

§ 31. The general assembly, may pass laws permitting the owners or occupants 

of lands to construct drains and ditches, for agricultural and sanitary purposes, across 

the lands of others. 
In 1877 this section was amended to read as printed above.] 

§ 32. The general assembly shall pass liberal homestead 
and exemption laws. 

§ 33. The general assembly shall not appropriate out of the 
State treasury, or expend on account of the new capitol grounds, 
and construction, completion, and furnishing of the State 
house, a sum exceeding, in the aggregate, three and a half mil- 
lions of dollars, inclusive of all appropriations heretofore made, 
without first submitting the proposition for an additional ex- 
penditure to the legal voters of the State, at a general election; 
nor unless a majority of all the votes cast at such election 
shall be for the proposed additional expenditure. 

ARTICLE V. 



Executive Department. 



s 1. 
9 2. 

8 3. 
8 4. 
8 5. 
8 6. 
6 7. 
6 8. 
8 9. 
8 10. 
8 11. 
6 12. 
8 13. 



Officers of this Department. 
Of the State Treasurer. 
Time of Electing State Officers. 
Returns -Tie— Contested Election. 
Eligibility for office 
Governor— Power and Duty. 
His Message and Statement. 
Convening the General Assembly. 
Proroguing the General Assembly. 
Nominations by the Governor. 
Vacancies may be Filled. 
Removals by the Governor. 
Reprieves -Commutations— Pardons. 



8 14. Governor as Commander-in-Chief. 

8 15. Impeachment for Misdemeanor. 

§ 16. Veto of the Governor. 

§ 17. Lieutenant Governor as Governor. 

8 18. As President of the Senate. 

§ 19. Vacancy in Governor's Office. 

8 20. Vacancy in other State Offices. 

8 21. Reports of State Officers. 

§ 22. Great Seal of State. 

8 23. Fees and Salaries. 

8 24. Definition of ''Office." 

8 25. Oath of Civil Officers. 



EXECUTIVE DEPARTMENT. 



§ 1. The executive department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, Auditor of Public Ac- 



18 Constitution 



counts, Treasurer, Superintendent of Public Instruction, and 
Attorney General, who shall, each, with the exception of the 
Treasurer, hold his office for the term of four years from the 
second Monday of January next after his election, and until 
his successor is elected and qualified. They shall, except the 
Lieutenant Governor, reside at the seat of government during 
their term of office, and keep the public records, books and 
papers there, and shall perform such duties as may be pre- 
scribed by law. 

§ 2. The Treasurer shall hold his office for the term of two 
years, and until his successor is elected and qualified; and 
shall be ineligible to said office for two years next after the 
end of the term for which he was elected. He may be requir- 
ed by the Governor to give reasonable additional security, 
and in default of so doing his office shall be deemed vacant. 

ELECTION. 

§ 3. An election for Governor, Lieutenant Governor, Secre- 
tary of State, Auditor of Public Accounts, and Attorney Gen- 
eral, shall be held on the Tuesday next after the first Monday 
of November, in the year of our Lord one thousand eight hun- 
dred and seventy-two, and every four years thereafter; for Su- 
perintendant of Public Instruction on the Tuesday next after 
the first Monday of November, in the year one thousand eight 
hundred and seventy, and every four years thereafter ; and for 
Treasurer on the day last above mentioned, and every two 
years thereafter, at such places and in such manner as may 
be prescribed by law. 

§ 4. The returns of every election for the above named offi- 
cers shall be sealed up and transmitted, by the returning offi- 
cers, to the secretary of state, directed to u The Speaker of the 
House of Representatives," who shall, immediately after the 
organization of the house, and before proceeding to other bus- 
iness, open and publish the same in the presence of a majority 
of each house of the general assembly, who shall, for that pur- 
pose, assemble in the hall of the house of representatives. The 
person having the highest number of votes for either of said 



State of Illinois. 19 

offices shall be declared duly elected: but if two or more have 
an equal, and the highest, number of votes, the general assem- 
bly shall, by joint ballot, choose one of such persons for said 
office. Contested elections for all of said offices shall be de- 
termined by both houses of the general assembly, by joint bal- 
lot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

5. No person shall be eligible to the office of governor, or 
lieutenant governor, who shall not have attained the age of 
thirty years, and been, for five years next preceeding his elec- 
tion, a citizen of the United States and of this State. Neither 
the governor, lieutenant governor, auditor of public accounts, 
secretary of state, superintendent of public instruction nor at- 
torney general shall be eligible to any other office during the 
period for which he shall have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the 
governor, who shall take care that the laws be faithfully ex- 
ecuted. 

7. The governor shall, at the commencement of each ses- 
sion, and at the close of his term of office, give to the general 
assembly information, by message, of the condition of the 
State, and shall recommend such measures as he shall deem 
expedient. He shall account to the general assembly, and ac- 
company his message with a statement of all moneys received 
and paid out by him from any funds subject to his order, with 
vouchers, and, at the commencement of each regular session 
present estimates of the amount of money required to be rais- 
ed by taxation for all purposes. 

§ 8. The governor may, on extraordinary occasions, con- 
vene the general assembly, by proclamation, stating therein 
the purpose for which they are convened; and the general as- 
sembly shall enter upon no business except that for which 
they were called together. 



20 Constitution 



§ 9. In case of a disagreement between the two houses with 
respect to the time of adjournment, the governor may, on the 
same being certified to him by the house first moving the ad- 
journment, adjourn the general assembly to such time as he 
thinks proper, not beyond the first day of the next regular ses- 
sion. 

§ 10. The governor shall nominate and, by and with the 

advice and consent of the senate, (a majority of all the sena- 
tors elected concurring, by yeas and nays), appoint all officers 
whose offices are established by this constitution, or which 
may be created by law, and whose appointment or election is 
not otherwise provided for; and no such officer shall be ap- 
pointed or elected by the general assembly. 

§ 11. In case of a vacancy, during the recess of the senate, 
in any office which is not elective, the governor shall make a 
temporary appointment until the next meeting of the senate, 
when he shall nominate some person to fill such office; and any 
person so nominated, who is confirmed by the senate( a major- 
ity of all the senators elected concurring by yeas and nays), 
shall hold his office during the remainder of the term, and un- 
til his successor shall be appointed and qualified. No person, 
after being rejected by the senate, shall be again nominated 
for the same office at the same session, unless at the request of 
the senate, or be appointed to the same office during the recess 
of the general assembly. 

§ 12. The governor shall have power to remove any officer 
whom he may appoint, in case of incompetency, neglect of 
duty, or malfeasance in office; and he may declare his office va- 
cant, and fill the same as is herein provided in other cases of 
vacancy. 

§ 13. The governor shall have power to grant reprieves, 
commutations and pardons, after conviction, for all offenses, 
subject to such regulations as may be provided by law rela- 
tive to the manner of applying therefor. 

§ 14. The governor shall be commander-in-chief of the 
military and naval forces of the State (except when they shall 
be called into the service of the United States); and may call 



State of Illinois. 21 



out the same to execute the laws, suppress insurrection, and 
repel invasion. 

§ 15. The governor, and all civil officers of this State, shall 
be liable to impeachment for any misdemeanor in office. 

VETO. 

§ 16. Every bill passed by the general assembly shall, 
before it becomes a law, be presented to the governor. If he 
approve, he shall sign it, and thereupon it shall become a 
law; but if he do not approve, he shall return it, with his ob- 
jections, to the house in which it shall have originated, which 
house shall enter the objections at large upon its journal, and 
proceed to reconsider the bill. If, then, two-thirds of the mem- 
bers elected agree to pass the same, it shall be sent, together 
with the objections, to the other house, by which it shall like- 
wise be reconsidered; and if approved by two-thirds of the 
members elected to that house, it shall become a law, notwith- 
standing the objections of the governor. But in all such 
cases, the vote of each house shall be determined by yeas and 
nays, to be entered on the journal. Any bill which shall not 
be returned by the governor within ten days (Sundays ex- 
cepted) after it shall have been presented to him, shall become 
a law in like manner as if he had signed it, unless the gene- 
ral assembly shall, by their adjournment, prevent its return; 
in which case it shall be filed, with his objections, in the of- 
fice of the secretary of state, within ten days after such ad- 
journment, or become a law. 

LIEUTENANT GOVERNOR. 

§ 17. In case of the death, conviction on impeachment, fail- 
ure to qualify, resignation, absence from the state, or other disa- 
bility of the governor, the powers, duties and emoluments of 
the office for the residue of the term, or until the disability 
shall be removed, shall devolve upon the lieutenant governor. 

§ 18. The lieutenant governor shall be president of the 



22 Constitution 



senate, and shall vote only when the senate is equally divi- 
ded. The senate shall choose a president, pro tempore, to pre- 
side in case of the absence or impeachment of the lieutenant 
governor, or when he shall hold the office of governor. 

§ 19. If there be no lieutenant governor, or if the lieuten- 
ant governor shall, for any of the causes specified in section 
seventeen, of this article, become incapable of performing the 
duties of the office, the president of the senate shall act as gov- 
ernor until the vacancy is filled or the disability removed; and 
if the president of the senate, for any of the above named 
causes, shall become incapable of performing the duties of 
governor, the same shall devolve upon the speaker of the house 
of representatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of public accounts, treasurer, 
secretary of state, attorney general, or superintendent of pub- 
lic instruction shall be vacated by death, resignation or other- 
wise, it shall be the duty of the governor to fill the same by 
appointment, and the appointee shall hold his office until his 
successor shall be elected and qualified in such manner as 
may be provided by law. An account shall be kept by the 
officers of the executive department, and of all the public in- 
stitutions of the State, of all moneys received or disbursed by 
them, severally, from all sources, and for every service per- 
formed, and a semi-annual report thereof be made to the gov- 
ernor, under oath; and any officer who makes a false report 
shall be guilty of perjury, and punished accordingly. 

§ 21. The officers of the executive department, and of all 
the public institutions of the State, shall, at least ten days pre- 
ceding each regular session of the general assembly, several- 
ly report to the governor, who shall transmit such reports to 
the general assembly, together with the reports of the judges 
of the supreme court of defects in the constitution and laws; 
and the governor may at any time require information, in writ- 
ing, under oath, from the officers of the executive department, 
and all officers and managers of state institutions, upon any 



State of Illinois. 23 

subject relating to the condition, management and expenses of 
their respective offices. 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall be call- 
ed the "Great Seal of the State of Illinois," which shall be kept 
•by the secretary of state, and used by him, officially, as direct- 
ed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive for 
their services a salary, to be established by law, which shall 
not be increased or diminished during their official terms, and 
they shall not, after the expiration of the terms of those in of- 
fice at the adoption of this constitution, receive to their own 
use any fees, costs, perquisites of office, or other compensation. 
And all fees that may hereafter be payable bylaw for any ser- 
vices performed by any officer provided for in this article of 
the constitution, shall be paid in advance into the state treas- 
ury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position created by the constitu- 
tion or law, continuing during the pleasure of the appointing 
power, or for a fixed time, with a successor elected or appoint- 
ed. An employment is an agency, for a temporary purpose 5 
which ceases when that purpose is accomplished. 

25. All civil officers, except members of the general as- 
sembly and such inferior officers as may be by law exempted, 
shall, before they enter on the duties of their respective off- 
take and subscribe the following oath or affirmation: 

1 l Ido solemnly swear (or affirm, as the case may be) that I will support the constitu- 
tion of the United States, and the constitution of the State of Illinois, and chat I will 
faithfully discharge the duties of the office of according to the best of my ability." 

And no other oath, declaration or test shall be required as 
a qualification. 



24 



Constitution 



AETICLE VI. 



Judicial Department. 



§ 1. Judicial Powers of Courts. 

§ 2. Seven Supreme Judges — Pour De- 
cide. 

§ 3. Qualifications of a Supreme Judge. 

§ 4. Terms of the Supreme Court. 

§ 5. Three Grand Divisions— Seven Dis- 
tricts . 

§ 6. Election of Supreme Judges. 

§ 7 Salaries of the Supreme Judges. 

§ 8. Appeals and Writs of Error. 

§ 9. Appointment of Reporter. 

§ 10. Clerks of the Supreme Court. 

8 11. Appellate Courts Authorized. 

§ 12. Jurisdiction of Circuit Courts. 

§ 13. Formation of Judicial Circuits. 

§ 14. Time of holding Circuit Courts. 

§ 15 Circuits containing Four Judges. 

§ 16. Salaries of the Circuit Judges. 



§ 17. Qualification of Judges or Com- 
missioners. 

§ 18. County Judges— County Clerks. 

§ 19. Appeals from County Courts. 

§ 20. Probate Courts Authorized. 

§ 21. Justices of the Peace and Constables. 

§ 22. State's Attorney in each County. 

§ 23. Cook County Courts of Record. 

§ 24. Chief Justice— Power of Judges. 

§ 25. Salaries of the Judges. 

§ 26. Criminal Court of Cook County. 

§ 27. Clerks of Cook County Court. 

§ 28. Justices in Chicago. 

§ 29. Uniformity in the Courts. 

§ 30. Removal of any Judge. 

§ 31. Judges to make Written Reports. 

§ 32. Terms of Office— Filling Vacancies. 

§ 33. Process— Prosecutions — Population. 



§ 1. The judicial powers, except as in this article is other- 
wise provided, shall be vested in one supreme court, circuit 
courts, county courts, justices of the peace, police magistrates, 
and in such courts as may be created by law in and for cities 
and incorporated towns. 

SUPREME COURT. 

§ 2. The supreme court shall consist of seven judges, and 
shall have original jurisdiction in cases relating to the reven- 
ue, in mandamus, and habeas corpus, and appellate jurisdiction 
in all other cases. One of said judges shall be chief justice; 
four shall constitue a quorum, and the concurrence of four 
shall be necessary to every decision. 

§ 3. No person shall be eligible to the office of judge of 
the supreme court unless he shall be at least thirty years of 
age, and a citizen of the United States, nor unless he shall 
have resided in this State five years next preceding his elec- 
tion, and be a resident of the district in which he shall be 
elected. 

§ 4. Terms of the supreme court shall continue to be held 
in the present grand divisions at the several places now pro- 
vided for holding the same; and until otherwise provided by 
law, one or more terms of said court shall be held, for the 
northern division, in the city of Chicago, each year, at such 
times as said court may appoint, whenever said city or the 



State of Illinois. 25 



county of Cook shall provide appropriate rooms therefor, and 

the use of a suitable library, without expense to the State. 
The judicial divisions may be altered, increased or diminished 
in number, and the times and places of holding said court 
may be changed by law. 

§ 6, The present grand divisions shall be preserved, and 
be denominated Southern, Central and Northern, until other- 
wise provided by law. The State shall be divided into seven 
districts for the election of judges, and until otheiwise pro- 
vided by law, they shall be as follows : 

First District.— The counties or St. Clair, Clinton, Wash- 
ington, Jefferson, Wayne, Edwards, Wabash, White, Hamil- 
ton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, 
Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, 
Pulaski and Massac. 

Second District. — The counties of Madison, Bond, Marion, 
Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fay- 
ette, Montgomery, Macoupin, Shelby, Cumberland, Clark, 
Greene, Jersey, Calhoun and Christian. 

Third District. — The counties of Sangamon, Macon, Logan, 
DeWitt, Piatt, Douglas, Champaign, Vermilion, McLean, 
Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Taze- 
well. 

Fourth District. — The counties of Fulton, McDonough, 
Hancock, Schuyler, Brown, Adams, Pike, Mason, Menard, 
Morgan, Cass and Scott. 

Fifth District. — The counties of Knox, Warren, Hender- 
son, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, 
LaSalle, Grundy and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo 
Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, 
Kendall, DeKalb, Lee, Ogle and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, Kan- 
kakee and DuPage. 

The boundaries of the districts may be changed at the ses- 
sion of the general assembly next preceding the election 
for judges herein, and at no other time; but whenever such 
alterations shall be made, the same shall be upon the rule of 



26 Constitution 



equality of population, as nearly as county boundaries will 
allow, and tlie districts shall be composed of contiguous 
counties, in as nearly compact form as circumstances will 
permit. The alteration of the districts shall not affect the 
tenure of office of any judge. 

§ 6. At the time of voting on the adoption of this consti- 
tution, one judge of the supreme court shall be elected by the 
electors thereof, in each of said districts numbered two, three, 
six, and seven, who shall hold his office for the term of nine 
years from the first Monday of June, in the year of our Lord 
one thousand eight hundred and seventy. The term of 
office of judges of the supreme court, elected after the 
adoption of this constitution, shall be nine years; and 
on the first Monday of June of the year in which the 
term of any of the judges in office at the adoption of this 
constitution, or of the judges then elected, shall expire, and 
every nine years thereafter, there shall be an election for the 
successor or successors of such judges, in the respective dis- 
tricts wherein the term of such judges shall expire. The 
chief justice shall continue to act as such until the expiration 
of the term for which he was elected, after which the j udges 
shall choose one of their number chief justice. 

§ 7. From and after the adoption of this constitution, the 
judges of the supreme court shall each receive a salary of 
four thousand dollars per annum, payable quarterly, until 
otherwise provided by law. And after said salaries shall be 
fixed by law, the salaries of the judges in office shall not be 
increased or diminished during the terms for which said 
judges shall have been elected. 

§ 8. Appeals and writs of error may be taken to the 
supreme court, held in the grand division in which the case 
is decided, or, by consent of the parties, to any other grand 
division. 

§ 9. The supreme court shall appoint one reporter of its 
decisions, who shall hold his office for six years, subject to 
removal by the court. 

§ 10. At the time of the election for representatives in the 
general assembly, happening next preceding the expiration 



State of Illinois. 27 



of the terms of office of the present clerks of said 
court, one clerk of said court, for each division shall be elec- 
ted, whose term of office shall be six years from said election, 
but who shall not enter upon the duties of his office until the 
expiration of the term of his predecessor, and every six years 
thereafter, one clerk of said court for each division shall be 
elected. 

APPELLATE COURTS. 

§ 11. After the year of our Lord one thousand eight 
hundred and seventy-four, inferior appellate courts, of uni- 
form organization and jurisdiction, may be created in 
districts formed for that purpose, to which such appeals 
and writs of error as the general assembly may provide, 
may be prosecuted from circuit and other courts, and from 
which appeals and writs of error shall lie to the supreme 
court, in all criminal cases, and cases in which a franchise, 
or freehold, or the validity of a statute is involved, and in 
such other cases as may be provided by law. Such appellate 
courts shall be held by such number of judges of the circuit 
courts, and at such times and places, and in such manner, as 
may be provided by law; but no judge shall sit in review up- 
on cases decided by him; nor shall said judges receive any 
additional compensation for such services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shall have original jurisdiction of 
all causes in law and equity, and such appellate jurisdiction 
as is or may be provided by law, and shall hold two or more 
terms each year in every county. The terms of office of 
judges of circuit courts shall be six years. 

§ 13. The State, exclusive of the county of Cook and other 
counties having a population of one hundred thousand, shall 
be divided into judicial circuits, prior to the expiration of 
the terms of office of the present judges of the circuit 
courts. Such circuits shall be formed of contiguous coun- 
ties, in as nearly compact form and as - nearly equal as 
circumstances will permit, having due regard to business, 
territory and population, and shall not exceed in number 
one circuit for every one hundred thousand of population 



28 Constitution 



in the State. One judge shall be elected for each of said 
circuits by the electors thereof. New circuits may be formed 
and the boundaries of circuits changed by the general assem- 
bly, at its session next preceding the election for circuit 
judges, but at no other time: Provided, that the circuits may 
be equalized or changed at the first session of the general 
assembly, after the adoption of this constitution. The crea- 
tion, alteration or change of any circuit shall not affect the 
tenure of office of any judge. Whenever the business of the 
circuit court of any one, or of two or more contiguous 
counties, containing a population exceeding fifty thousand, 
shall occupy nine months of the year, the general assembly 
may make of such county, or counties, a separate circuit. 
Whenever additional circuits are created, the foregoing limi- 
tations shall be observed. 

§ 14. The general assembly shall provide for the times of 
holding court in each county; which shall not be changed, ex- 
cept by the general assembly next preceding the general elec- 
tion for judges of said courts; but additional terms may be 
provided for in any county. The election for judges of the 
circuit courts shall be held on the first Monday in June, in the 
year of our Lord one thousand eight hundred and seventy- 
three, and everj r six years thereafter. 

§ 15. The general assembly may divide the State into ju- 
dicial circuits of greater population and territory, in lieu of 
the circuits provided for in section thirteen of this article, and 
provide for the election therein, severally, by the electors there- 
of, by general ticket, of not exceeding four judges, who shall 
hold the circuit courts in the circuit for which they shall be 
elected, in such manner as may be provided by law. 

§ 16. From and after the adoption of this constitution, judges 
of the circuit courts shall receive a salary of three thousand 
dollars per annum, payable quarterly, until otherwise provided 
by law, and after their salaries shall be fixed by law, they shall 
not be increased or diminished during the terms for which said 
judges shall be, respectively, elected; and from and after the 
adoption of this constitution, no judge of the supreme or cir- 
cuit court shall receive any other compensation, perquisite or 



State of Illinois. 29 



benefit, in any form whatsoever, nor perform any other than 
judicial duties to which may belong any emoluments. 

§ 17. No person shall be eligible to the office of judge of 
the circuit or any inferior court, or to membership in the 
"board of county commissioners," unless he shall be at least 
twenty-five years of age, and a citizen of the United States, nor 
unless he shall have resided in this State five years next pre- 
ceding his election, and be a resident of the circuit, county, 
city, cities, or incorporated town in which he shall be elected. 

COUNTY COUKTS. 

§ 18. There shall be elected in and for each county, one 
county judge and one clerk of the county court, whose terms 
of office shall be four years. But the general assembly may 
create districts of two or more contiguous counties, in each 
of which shall be elected one judge, who shall take the place 
of, and exercise the powers and jurisdiction of county judges 
in such districts. County courts shali be courts of record, 
and shall have original jurisdiction in all matters of probate; 
settlement of estates of deceased persons; appointment of 
guardians and conservators, and settlements of their accounts; 
in all matters relating to apprentices; and in proceedings for 
the collection of taxes and assessments, and such other juris- 
diction as may be provided for by general law. 

§ 19. Appeals and writs of error shall be allowed from 
final determinations of county courts, as may be provided by 
law. 

PROBATE COURTS. 

§ 20. The general assembly may provide for the establish- 
ment of a probate court in each county having a population 
of over fifty thousand, and for the election of a judge thereof, 
whose term of office shall be the same as that of the county 
judge, and who shall be elected at the same time and in the 
same manner. Said courts, when established, shall have origi- 
nal jurisdiction of all probate matters, the settlement of estates 



30 Constitution 



of deceased persons, the appointment of guardians and con- 
servators, and settlements of their accounts; in all matters rela- 
ting to apprentices, and in cases of the sales of real estate of 
deceased persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates, and con- 
stables shall be elected in and for such districts as are, or may 
be, provided by law, and the jurisdiction of such justices of 
the peace and police magistrates shall be uniform. 

state's attoeneys. 

§ 22. At the election for members of the general assembly 
in the year of our Lord one thousand eight hundred and sev- 
ty-two, and every four years thereafter, there shall be elected 
a State's attorney in and for each county, in lieu of the State's 
attorneys now provided by law, whose term of office shall be 
four years, 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. 
The circuit court of Cook county shall consist of five judges, 
until their number shall be increased, as herein provided. 
The present judge of the recorder's court of the city of Chi- 
cago, and the present judge of the circuit court of Cook 
county, shall be two of said judges, and shall remain in office 
for the terms for which they were respectively elected, and until 
their successors shall be elected and qualified. The superior 
court of Chicago shall be continued, and called the superior 
court of Cook county. The general assembly may increase 
the number of said judges, by adding one to either of said 
courts for every additional fifty thousand inhabitants in said 
county, over and above a population of four hundred thou- 
sand. The terms of office of the judges of said courts here- 
after elected, shall be six years. 

§ 24. The judge having the shortest unexpired term shall 
be chief justice of the court of which he is a judge. In case 
there are two or more whose terms expire at the same time, it 
may be determined by lot whicfrshall be chief justice. Any 



State of Illinois. 31 

judge of either of said courts shall have all the powers of a 
circuit judge, and may hold the court of which he is a member. 
Each of them may hold a different branch thereof at the same 
time. 

§ 25. The judges of the superior and circuit courts, and 
the State's attorney, in said county, shall receive the same sal- 
aries, payable out of the State treasury, as is or may be paid 
from said treasury to the circuit judges and State's attorneys 
of the State, and such further compensation, to be paid by 
the county of Cook, as is or may be provided by law; such 
compensation shall not be changed during their continuance 
in office. 

§ 26. The recorder's court of the city of Chicago shall be 
continued, and shall be called the "criminal court of Cook 
county." It shall have the jurisdiction of a circuit court, in 
all cases of criminal and quasi criminal nature, arising in the 
county of Cook, or that may be brought before said court 
pursuant to law; and all recognizances and appeals taken in 
said county, in criminal and quasi criminal cases shall be re- 
returnable and taken to said court. It shall have no jurisdic- 
tion in civil cases, except in those on behalf of the people, 
and incident to such criminal or quasi criminal matters, and 
to dispose of unfinished business. The terms of said criminal 
court of Cook county shall be held by one or more of the 
judges of the circuit or superior court of Cook county, as 
nearly as may be in alternation, as may be determined by 
said judges, or provided by law. Said judges shall be ex-officio 
judges of said court. 

§ 27. The present clerk of the recorder's court of the city 
of Chicago, shall be the clerk of the criminal court of Cook 
county, during the term for which he was elected. The pres- 
ent clerks of the superior court of Chicago, and the present 
clerk of the circuit court of Cook county, shall continue in 
office during the terms for which they were respectively elec- 
ted; and thereafter there shall be but one clerk of the supe- 
rior court, to be elected by the qualified electors of said 
county, who shall hold his office for the term of four years, 
and until his successor is elected and qualified. 



32 Constitution 



§ 28. All justices of the peace in the city of Chicago shall 
be appointed by the governor, by and with the advice and 
consent of the senate, (but only upon the recommendation of 
a majority of the judges of the circuit, superior and county 
courts,) and for such districts as are now or shall hereafter be 
provided by law. The}' shall hold their offices for four j 7 ears, 
and until their successors have been commissioned and quali- 
fied, but they may be removed by summary proceeding in 
the circuit or superior court, for extortion or other malfea- 
sance. Existing justices of the peace and police magistrates 
may hold their offices until the expiration of their respective 
terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the 
governor. All laws relating to courts shall be general, and of 
uniform operation; and the organization, jurisdiction, powers, 
proceedings and practice of all courts, of the same class or 
grade, so far as regulated by law, and the force and effect of 
the process, judgments and decrees of such courts, severally, 
shall be uniform. 

§ 30. The general assembly may, for cause entered on 
the journals, upon due notice and opportunity of defense, 
remove from office any judge, upon concurrence of three- 
fourths of all the members elected, of each house. All other 
officers in this article mentioned, shall be removed from office 
on prosecution and final conviction, for misdemeanor in 
office. 

§ 31. All judges of courts of record, inferior to the su- 
supreme court, shall, on or before the first day of June, of each 
year, report in writing to the judges of the supreme court, 
such defects and omissions in the laws as their experience 
may suggest; and the judges of the supreme court shall, on 
or before the first day of January, of each year, report in writ- 
ing to the governor such defects and omissions in the consti- 
tution and laws as they may find to exist, together with ap- 
propriate forms of bills to cure such defects and omissions in 
the laws. And the judges of the several circuit courts shall 



State of Illinois. 33 



report to the next general assembly the number of days they 
have held court, in tin 1 several counties composing their res- 
pective circuits, the preceding two years. 

§ 32. All officers provided for in this article shall hold 
their offices until their successors shall be qualified, and they 
shall, respectively, reside in the division, circuit, county or 
district for which they may be elected or appointed. The 
terms of office of all such officers, where not otherwise 
prescribed in this article, shall be four years. All officers, 
where not otherwise provided for in this article, shall perform 
Buch duties and receive such compensation as is, or may be, 
provided by law. Vacancies in such elective offices shall be 
filled by election ; but where the unexpired term does not ex- 
ceed one year, the vacancy shall be filled by appointment, as 
follows : Of j udges, by the governor; of clerks of courts, by 
the court to which the office appertains, or by the judge or 
judges thereof; and of all such other offices, by the board 
of supervisors, or board of county commissioners, in the coun- 
ty where the vacancy occurs. 

§. 33. All process shall run; In the name of the people of 
the State of Illinois; and all prosecutions shall be carried on; 
In the name and by the authority of the People of the State of 
Illinois; and conclude; Against the peace and dignity of the 
same. "Population," wherever used in this article, shall be 
'determined by the next preceding census of this State, or of 
the United States. 



ARTICLE VII. 



SUFFRAGE. 

I 1. Who are Entitled to Vote. § 5. Soldier not Deemed a Resident. 

6 2. All Voting to be by Ballot. § 6. Qualifications for Office 

6 3 Privileges of Electors. § 7. Persons Convicted of Crime. 

S 4. Absence on Public Business, i 

§ 1. Every person having resided in this State one year, in 
the county ninety days, and in the election district thirty days 
next preceding any election therein, who was an elector in this 
State on the first day of April, in the year of our Lord one thou- 



34 Constitution 



sand eight hundred and forty-eight, or obtained a certificate 
of naturalization, before any court of record in this state, prior 
to the first day of January, in the year of our Lord one thou- 
sand eight hundred and seventy, or who shall be a male 
citizen of the United States, above the age of twenty-one 
years, shall be entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or 
breach of the peace, be privileged from arrest during their 
attendance at elections, and in going to and returning from the 
same. And no elector shall be obliged to do military duty on 
the days of election, except in time of war or public danger. 

§ 4. No elector shall be deemed to have lost his residence 
in this state by reason of his absence on the business of the 
United States, or of this state, or in the military or naval service 
of the United States. 

§ 5. No soldier, seaman or marine in the army or navy of 
the United States, shall be deemed a resident of this State in 
consequence of being stationed therein. 

§ 6. No person shall be elected or appointed to any office in 
this State, civil or military, who is not a citizen of the United 
States, and who shall not have resided in this State one year 
next preceding the election or appointment. 

§ 7. The general assembly shall pass laws excluding from 
the right of suffrage persons convicted of infamous crimes. 



ARTICLE VIII. 

EDUCATION. 

S 1. Free Schools Established. i 9 4. School Officers not Interested. 

§ 2. Gifts or Grants in aid of Schools. j § 6. County Superintendent of Schools. 
§ 3. Public Schools not to be Sectarian. 

§ 1. The general assembly shall provide a thorough and effi- 
cient system of free schools, whereby all children of this State 
may receive a good common school education. 

§ 2. All lands, moneys, or other property, donated, grant- 
ed or received for school, college, seminary or university pur- 



State of Illinois. 



35 



poses, and the proceeds thereof, shall be faithfully applied to 
the objects for which such i^ifts or grants were made. 

§ 3. Neither the general assembly nor any county, city, 
town, township, school district, or other public corporation, 
shall ever make any appropriation or pay from any public fund 
whatever, anything in aid of any church or sectarian purpose^ 
or to help support or sustain any school, academy, seminary, 
college, university, or other literary or scientific institution, con- 
trolled by any church or sectarian denomination whatever; nor 
shall any grant or donation of land, money, or other personal 
property ever be made by the state, or any such public corpo- 
ration, to any church, or for any sectarian purpose. 

§ 4. No teacher, state, county, township, or district school 
officer shall be interested in the sale, proceeds or profits of any 
book, apparatus or furniture, used or to be used, in any school 
in this State, with which such officer or teacher may be con- 
nected, under such penalties as may be provided by the gen- 
eral assembly. 

§ 5. There may be a county superintendent of schools in 
each county whose qualifications, powers, duties, compensa- 
tion, and time and manner of election, and term of office, shall 
be prescribed by law. 



ARTICLE IX. 



REVENUE. 



fi 1. Principles of Taxation Stated. 

8 2. Other and further Taxation 

S 3 Property Exempt from Taxation. 

5 4. Sale of real Property for Taxes. 

6 5. Right of Redemption therefrom. 

8 6. Release from Taxation Forbidden. 

6 7. Taxes paid into State Treasury. 



8 9 
8 10 
8 11 
8 12 



Limitation on County Taxes. 
Local Municipal Improvements. 
Taxation of Municipal Corporations. 
Defaulter not to be Eligible . 
Limitation on Municipal Indebted- 
ness. 



§ 1. The general assembly shall provide such revenue as 
may be needful by levying a tax, by valuation, so that every 
person and corporation shall pay a tax in proportion to the 
value of his, her,or its property — such value to be ascertained by 
some person or persons, to be elected or appointed in such man- 
ner as the general assembly shall direct, and not otherwise; but 



36 Constitution 



the general assembly shall have power to taxpedlers, auction- 
eers, brokers, hawkers, merchants, commission merchants, 
showmen, jugglers, inn-keepers, grocery -keepers, liquor-deal- 
ers, toll-bridges, ferries, insurance, telegraph and express inter- 
ests or business, venders of patents, and persons or corpora- 
tions owning or using franchises and privileges, in such man 
ner as it shall, from time to time, direct by general law, uni- 
form as to the class upon which it operates. 

§ 2. The specification of the objects and subjects of taxa- 
tion shall not deprive the general assembly of the power to 
require other subjects or objects to be taxed, in such manner 
as may be consistent with the principles of taxation fixed in 
this constitution. 

§ 3. The property of the state, counties, and other munici- 
pal corporations, both real and personal, and such other prop- 
erty, as may be used exclusively for agricultural and horticul- 
tural societies, for school, religious, cemetery and charitable 
purposes, may be exempted from taxation; but such exemp- 
tion shall be only by general law. In the assessment of real 
estate incumbered by public easement, any depreciation oc- 
casioned by such easement may be deducted in the valuation 
of such property. 

§ 4. The general assembly shall provide, in all cases where 
it may be necessary to sell real estate for the non-payment of 
taxes or special assessments, for state, county, municipal, or 
other purposes, that a return of such unpaid taxes or assess- 
ments shall be made to some general officer, of the county, hav- 
ing authority to receive state and county taxes; and there shall 
be no sale of said property for any of said taxes or assessments 
but by said officer, upon the order or judgment of some court 
of record. 

§ 5. The right of redemption from all sales of real estate, 
for the non-payment of taxes or special assessments of any 
character, whatever, shall exist in favor of owners and persons 
interested in such real estate, for a period of not less than two 
years from such sales thereof. And the general assembly 
shall provide, by law, for reasonable notice to be given to the 
owners or parties interested, by publication or otherwise, of the 



State of Illinois. 37 

fact of the sale of the property for such taxes or assessments, 
and when the time of redemption shall expire: Provided, that 
occupants shall in all cases be served with personal notice be- 
fore the time of redemption expires. 

§ 6. The general assembly shall have no power to release 
or discharge any county, city, township, town or district, what- 
ever, or the inhabitants thereof, or the property therein, from 
their or its proportionate share of taxes to be levied for state 
purposes, nor shall commutation for such taxes be authorized 
in any form whatsoever. 

^ 7. All taxes levied for state purposes shall be paid into 
the state treasury. 

§ 8. County authorities shall never assess taxes, the aggre- 
gate of wdiich shall exceed seventy -five cents per one hundred 
dollars valuation, except for the payment of indebtedness 
existing at the adoption of this constitution, unless authorized 
by a vote of the people of the county. 

§ 9. The general assembly may vest the corporate author- 
ities of cities, towns, and villages, with power to make local 
improvements by special assessment or by special taxation of 
contiguous property, or otherwise. For all other corporate 
purposes, all municipal corporations may be vested with au- 
thority to assess and collect taxes; but such taxes shall be uni- 
form in respect to persons and property, within the jurisdic- 
tion of the body imposing the same. 

§ 10. The general assembly shall not impose taxes upon 
municipal corporations, or the inhabitants or property thereof, 
for corporate purposes, but shall require that all the taxable 
property within the limits of municipal corporations shall be 
taxed for the payment of debts contracted under authority of 
law, such taxes to be uniform in respect to persons and proper- 
ty, within the jurisdiction of the body imposing the same. 
Private property shall not be liable to be taken or sold for the 
payment of the corporate debts of a municipal corporation. 

§ 11. No person who is in default, as collector or custodian 
of money or property belonging to a municipal corporation 
shall be eligible to any office in or under such corporation. 
The fees, salary or compensation of no municipal officer who 



38 Constitution 



is elected or appointed for a definite term of office, shall be in- 
creased or diminished during such term. 

§ 12. No county, city, township, school district, or other 
municipal corporation, shall be allowed to become indebted in 
any manner or for any purpose, to an amount, including exist- 
ing indebtedness, in the aggregate exceeding five per centum 
on the value of the taxable property therein, to be ascertained 
by the last assessment for state and county taxes, previous to 
the incurring of such indebtedness. Any county, city, school 
district, or other municipal corporation, incurring any indebt- 
edness as aforesaid, shall before, or at the time of doing so, 
provide for the collection of a direct annual tax sufficient to 
pay the interest on such debt, as it falls due, and also to pay 
and discharge the principal thereof within twenty years from 
the time of contracting the same. This section shall not be 
construed to prevent any county, city, township, school dis- 
trict, or other municipal corporation, from issuing their bonds 
in compliance with any vote of the people which may have 
been had prior to the adoption of this constitution in pursu- 
ance of any law providing therefor. 



ARTICLE X. 



COUNTIES. 



§ 1. Formation of New bounties. § 8. County Officers— Terms of Office. 

§ 2. Division of any County. § 9. Salaries and fees in Cook County. 

§ 3. Territory stricken from a County. 8 10. Salaries fixed by County Board. 

§ 4. Removal of a County Seat. § 11. Township Officers— Special Laws. 

§ 5. Methods of County Government. § 12. All Future fees Uniform. 

§ 6. Board of County Commissioners. § 13. Sworn report of all Fees. 

§ 7. County affairs in Cook County. I 

§ 1. No new county shall be formed or established by the 
general assembly, which will reduce the county or counties, or 
either of them, from which it shall be taken, to less contents 
than four hundred square miles; nor shall any county be formed 
of less contents; nor shall any line thereof pass within less 
than ten miles of any county seat of the county or counties 
proposed to be divided. 

§ 2. No county shall be divided, or have any part stricken 
therefrom, without submitting the question to a vote of the peo- 



State of Illinois. 39 



pie of the county, nor unless a majority of all the legal voters 
of the county, voting on the question, shall vote for the same. 
§ 3. Then 1 shall be no territory stricken from any county, 
unless a majority of the voters living in such territory, shall 
petition for such division; and no territory shall be added to 
any county without the consent of the majority of the voters 
of the county to which it is proposed to be added. But the 
portion so stricken off and added to another county, or formed 
in whole or in part into a new county, shall be holden for, and 
obliged to pay its proportion of the indebtedness of the coun- 
ty from which it has been taken. 

COUNTY SEAT8. 

§ 4. No county seat shall be removed until the point to 
which it is proposed to be removed shall be fixed in pur- 
suance of law, and three-fifths of the voters of the county, to 
be ascertained in such manner as shall be provided by gener- 
al law, shall have voted in favor of its removal to such point; 
and no person shall vote on such question who has not resid- 
ed in the county six months, and in the election precinct nine- 
ty days next preceding such election. The question of the 
removal of a county seat shall not be oftener submittedthan 
once in ten years, to a vote of the people. But when an 
attempt is made to remove a county seat to a point nearer to 
the centre of a county, then a majority vote only shall be 
necessary. 

COUNTY GOVERNMENT. 

§ 5. The general assembly shall provide, by general law, 
for township organization, under which any county may or- 
ganize whenever a majority of the legal voters of such county, 
voting at any general election, shall so determine, and when- 
ever any county shall adopt township organization, so much 
of this constitution as provides for the management of the fis- 
cal concerns of the said county by the board of county com- 
missioners, may be dispensed with, and the affairs of said 
county may be transacted in such manner as the general 



40 Constitution 



assembly may provide. And in any county that shall have 
adopted a township organization, the question of continuing 
the same may be submitted to a vote of the electors of such 
county, at a general election, in the manner that now is or 
may be provided by law; and if a majority of all the votes 
cast upon that question shall be against township organization, 
then such organization shall cease in said county ; and all laws 
in force in relation to counties not having township organ- 
ization, shall immediately take effect and be in force in such 
county. No two townships shall have the same name, and 
the day of holding the annual township meeting shall be uni- 
form throughout the State. 

§ 6. At the first election of county judges under this con- 
stitution, there shall be elected in each of the counties in this 
State, not under tow T nship organization, three officers, who shall 
be styled a The board of county commissioners," who shall 
hold sessions for the transaction of county business as shall be 
provided by law. One of said commissioners shall hold his 
office for one year, one for two years, and one for three years, 
to be determined by lot; and every year thereafter one such 
officer shall be elected in each of said counties for the term of 
three years. 

§ 7. The county affairs of Cook county shall be managed 
by a board of commissioners of fifteen persons, ten of whom 
shall be elected from the city of Chicago, and five from towns 
outside of said city, in such manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

§ 8. In each county there shall be elected the following 
county officers: County judge, sheriff, county clerk, clerk of 
the circuit court, (who may be ex~offlcio recorder of deeds, ex- 
cept in counties having sixty thousand and more inhabitants, 
in which counties a recorder of deeds shall be elected at the 
general election in the year of our Lord one thousand eight 
hundred and seventy-two), treasurer, surveyor and coroner, 
each of whom shall enter upon the duties of his office, respect- 
ively, on the first Monday of December after their election; and 



State of Illinois. 41 



they shall hold their respective offices for the term of four 
years, except the treasurer, sheriff and coroner, who shall hold 
their offices for two years, and until their successors shall be 
elected and qualified. 

t. The clerks of all the courts of record, the treasurer, sher- 
iff, coroner and recorder of deeds of Cook county, shall receive 
as their only compensation for their services, salaries to be fixed 
by law, which shall in no case be as much as the lawful com- 
pensation of a judge of the circuit court of said county, and 
shall be paid, respectively, only <?ut of the fees of the office 
actually collected. All fees, perquisites and emoluments (above 
the amount of said salaries) shall be paid into the county treas- 
ury. The number of the deputies and assistants of such offi- 
cers shall be determined by rule of the circuit court, to be en- 
tered of record, and their compensation shall be determined by 
the county board. 

§ 10. The county board, except as provided in section nine 
of this article, shall fix the compensation of all county officers, 
with the amount of their necessary clerk hire, stationery, fuel 
and other expenses, and in all cases where fees are provided 
for, said compensation shall be paid only out of, and shall in 
no instance exceed, the fees actually collected; they shall not 
allow either of them more per annum than fifteen hundred 
hundred dollars, in counties not exceeding twenty thousand 
inhabitants; two thousand dollars, in counties containing twen- 
ty thousand and not exceeding thirty thousand inhabitants; 
twenty-five hundred dollars, in counties containing thir- 
ty thousand and not exceeding fifty thousand inhabitants; 
three thousand dollars, in counties containing fifty thousand 
and not exceeding seventy thousand inhabitants; thirty- 
five hundred dollars, in counties containing seventy thousand 
and not exceeding one hundred thousand inhabitants; and 
four thousand dollais, in counties containing over one hundred 
thousand and not exceeding two hundred and fifty thousand 
inhabitants; and not more than one thousand dollars addition- 
al compensation for each additional one hundred thousand in- 
habitants: Pramded, that the compensation of no officer shall 
be increased or diminished during his term of office. All fees 



42 



OoNSTITtJTlOtf 



or allowances by them received, in excess of their said com- 
pensation, shall be paid into the county treasury. 

§ 11. The fees of township officers, and of each class of 
county officers, shall be uniform in the class of counties to 
which they respectively belong. The compensation herein pro- 
vided for shall apply only to officers hereafter elected, but all 
fees established by special laws shall cease at the adoption of 
this constitution, and such officers shall receive only such fees 
as are provided by general law. 

§ 12. All laws fixing the fees of state, county and township 
officers shall terminate with the terms, respectively, of those 
who may be in office at the meeting of the first general assem- 
bly after the adoption of this constitution; and the general as- 
sembly shall, by general law, uniform in its operation, provide 
for and regulate the fees of said officers and their successors, 
so as to reduce the same to a reasonable compensation for ser- 
vices actually rendered. But the general assembly may, by 
general law, classify the counties by population into not more 
than three classes, and regulate the fees according to class. 
This article shall not be construed as depriving the general as- 
sembly of the power to reduce the fees of existing officers. 

§ 13. Every person who is elected or appointed to any office 
in this State, who shall be paid in whole or in part by fees, 
shall be required by law to make a semi-annual report, under 
oath, to some officer to be designated by law, of all his fees 
and emoluments. 



ARTICLE XL 



Corporations. 



§ i. 

§ 2. 

§ 3. 

§ 4. 

§ 5. 

8 6. 

§ 7. 

§ 8. 

§ 9. 



Established only by General Laws. 
Existing Charters— How Forfeited. 
Election of Directors or Managers. 
Construction of Street Railroads. 
State Bank Forbidden— General 

Law. 
Liability of Bank Stockholder. 
Suspension of Specie Payment. 
Of a General Banking- Law 
Railroad Office— Books and Records 



§ 10. Personal Property of Railroads. 

§ 11. Consolidations Forbidden. 

§ 12. Railroads deemed Highways— Rates 
Fixed. 

§ 13. Stock, Bonds and Dividends. 

8 14. Power over Existing- Companies. 

§ 15. Freight and Passenger Tariffs reg- 
ulated. 



§ 1. No corporation shall be created by special laws, or its 
charter extended, changed, or amended, except those for char- 
itable, educational, penal or reformatory purposes, which are 



State of Illinois. 43 

to be and remain under the patronage and control of the State, 
but the general assembly shall provide, by general laws, for 
the organization of all corporations hereafter to be created. 

§ 2. All existing charters or grants of special or exclusive 
privileges, under which organization shall not have taken 
place, or which shall not have been in operation within ten 
days from the time this constitution takes effect, shall there- 
after have no validity or effect whatever. 

§ 3. The general assembly shall provide, by law, that in 
all elections for directors or managers of incorporated compan- 
ies, every stockholder shall have the right to vote, in person 
or by proxy, for the number of shares of stock owned by him, 
for as many persons as there are directors or managers to be 
elected, or to cumulate said shares, and give one candidate as 
many votes as the number of directors multiplied by the num- 
ber of his shares of stock, shall equal, or to distribute them 
on the same principle among as many candidates as he shall 
think fit; and such directors or managers shall not be elected 
in any other manner. 

§ 4. No law shall be passed by the general assembly, grant 
ing the right to construct and operate a street railroad within 
any city, town, or incorporated village, without requiring the 
consent of the local authorities having the control of the street 
or highway proposed to be occupied by such street railroad. 

BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the 
State own or be liable for any stock in any corporation or joint 
stock company or association for banking purposes, now cre- 
ated, or to be hereafter created. No act of the general assem- 
bly authorizing or creating corporations or associations, with 
banking powers, whether of issue, deposit or discount, nor 
amendments thereto, shall go into effect or in any manner be 
in force, unless the same shall be submitted to a vote of the 
people at the general election next succeeding the passage of 
the same, and be approved by a majority of all the votes cast 
at such election for or against such law. 



44 Constitution 



§ 6. Every stockholder in a banking corporation or insti- 
tion shall be individually responsible and liable to its creditors, 
over and above the amount of stock by him or her held, to an 
amount equal to his or her respective shares so held, for all 
its liabilities accruing while he or she remains such stockholder. 

§ 7. The suspension of specie payments by banking institu- 
tions, on their circulation, created by the laws of "this State, 
shall never be permitted or sanctioned. Every banking asso- 
ciation now, or which may hereafter be, organized under the 
laws of this State, shall make and publish a full and accurate 
quarterly statement of its affairs, (which shall be certified to, 
under oath, by one or more of its officers) as may be provided 
by law. 

§ 8. If a general banking law shall be enacted, it shall 
provide for the registry and countersigning, by an officer of 
state, of all bills or paper credit, designed to circulate as mon- 
ey, and require security, to the full amount thereof, to be de- 
posited with the state treasurer, in United States or Illinois 
State stocks, to be rated at ten per cent, below their par val- 
ue; and in case of a depreciation of said stocks to the amount 
of ten per cent, below par, the bank or banks owning said 
stocks shall be required to make up said deficiency, by depos- 
iting additional stocks. And said law shall also provide for 
the recording of the names of all stockholders in such corpor- 
ations, the amount of stock held by each, the time of any trans- 
fer thereof, and to whom, such transfer is made. 

RAILROADS. 

§ 9. Every railroad corporation organized or doing busi- 
ness in this State, under the laws or authority thereof, shall 
have and maintain a public office or place in this State for the 
transaction of its business, where transfers of stock shall be 
made and in which shall be kept, for public inspection, books, 
in which shall be recorded the amount of capital stock sub 
scribed, and by whom; the names of the owners of its stock, 
and the amounts owned by them respectively; the amount of 
stock paid in, and by whom; the tranfers of said stock; the 



\Ti: OF [LLINOI8. 45 

amount of its assets and liabilities, and the Dames and place 
of residence of its officers. The directors of every railroad 

corporation shall, annually, make a report, ander oath, to the 
auditor of public accounts, or Borne officer to be designated 
by law , of all their acts and doings, which report shall include 
such matters relating to railroads as may be prescribed by 
law. Ami i lie general assembly shall pass laws enforcing by 
suitable penalties the provisions of this section. 

i^ lo. The rolling stock, and all other movable property be- 
longing t<> any railroad company or corporation in this State, 
shall be considered personal property, and shall be liable to 
execution and sale in the same manner as the personal proper- 
ty of individuals, and the general assembly shall pass no law 
exempting any such property from execution and sale. 

,^ 11. No railroad corporation shall consolidate its stock, 
property or franchises with any other railroad corporation 
owning a parallel or competing line; and in no case shall any 
consolidation take place except upon public notice given, of 
at least sixty days, to all stock holders, in such manner as may 
be provided by law. A majority of the directors of any rail- 
road corporation, now incorporated or hereafter to be incor- 
porated by the laws of this State, shall be citizens and resi- 
dents of this State. 

§ 12. Railways heretofore constructed or that may hereaf- 
ter be constructed in this State, are hereby declared public 
highways, and shall be free to all persons, for the transporta- 
tion of their persons and property thereon, under such regula- 
tions as may be prescribed by law. And the general assem- 
bly shall, from time to time, pass laws establishing reasonable 
maximum rates of charges for the transportation of passengers 
and freight on the different railroads in this State. 

§ 13. No railroad corporation shall issue any stock or 
bonds, except for money, labor or property, actually received, 
and applied to the purposes for which such corporation was 
created; and all stock dividends, and other fictitious increase of 
the capital stock or indebtedness of any such corporation, shall 
be void. The capital stock of no railroad corporation shall be 



46 Constitution 



increased for any purpose, except upon giving sixty days pub- 
lic notice,in such manner as may be provided by law. 

§ 14. The exercise of the power, and the right of eminent 
domain shall never be so construed or abridged as to prevent 
the taking, by the general assembly, of the property and fran- 
chises of incorporated companies already organized, and sub- 
jecting them to the public necessity the same as of individuals. 
The right of trial by jury shall be held inviolate in all trials 
of claim for compensation, when, in the exercise of the said 
right of eminent domain, any incorporated company shall be 
interested either for or against the exercise of said right. 

§ 15. The general assembly shall pass laws to correct abuses 
and prevent unjust discrimination and extortion in the rates 
of freight and passenger tariffs on the different railroads in 
this State, and enforce such laws, by adequate penalties, to the 
extent, if necessary for that purpose, of forfeiture of their prop- 
erty and franchises. 

ARTICLE XII. 

MILITIA. 



1. Persons composing the Militia. 

2. Organization — Equipment — Disci- 

pline. 

3. Commissions of Officers. 



4. Privilege from Arrest. 

5. Records, Banners and Relics. 
6 Exemption from militia duty. 



§ 1. The militia of the State of Illinois shall consist of all 
able bodied male persons, resident in the State, between the 
ages of eighteen and forty-five, except such persons as now are, 
or hereafter may be, exempted by the laws of the United States, 
or of this State. 

§ 2. The general assembly, in providing for the organiza- 
tion, equipment and discipline of the militia, shall conform as 
nearly as practicable to the regulations for the government of 
the armies of the United States. 

§ 3. All militia officers shall be commissioned by the gover- 
nor, and may hold their commissions for such time as the gen- 
eral assembly may provide. 

§ 4. The militia shall, in all cases, except treason, felony 
or breach of the peace, be privileged from arrest during their 
attendance at musters and' elections, and in going to and re- 
turning from the same. 



State of Illinois. 47 



§ 5. The military records, banners and relics of the State, 
shall be preserved as an enduring memorial of the patriotism 
and valor of Illinois, audit shall be the duty of the general 
assembly to provide by law for the safe-keeping of the same. 

§ 6. No person having conscientious scruples against bear- 
ing arms, shall be compelled to do militia duty in time of peace: 
Provided, such person shall pay an equivalent for such ex- 
emption. 

ARTICLE XIII. 

WAREHOUSES. 



6 1. What deemed Public Warehouses. 

Sworn weekly statements required. 
§ 3. Examination of property stored. 
6 4. Carriers to Deliver full Weight. 



5. Delivery of Grain by Railroads. 

6. Power and Duty of the Legislature. 

7. Grain Inspection — Protection of 

Dealers. 



§ 1. All elevators or storehouses where grain or other prop- 
erty is stored for a compensation, whether the property stored 
be kept separate or not, are declared to be public warehouses. 

§ 2. The owner, lessee or manager of each and every pub- 
lic warehouse situated in any town or city of not less than 
one hundred thousand inhabitants, shall make weekly state- 
ments under oath, before some officer to be designated by law, 
and keep the same posted in some conspicuous place in the 
office of such warehouse, and shall also file a copy for public 
examination in such place as shall be designated by law, 
which statement shall correctly set forth the amount and 
grade of each and every kind of grain in such warehouse, to- 
gether with such other property as may be stored therein, and 
what warehouse receipts have been issued, and are, at the time 
of making such statement, outstanding therefor; and shall, on 
the copy posted in the warehouse, note daily such changes as 
may be made in the quantity and grade of grain in such ware- 
house; and the different grades of grain shipped in separate 
lots, shall not be mixed with inferior or superior grades, with- 
out the consent of the owner or consignee thereof. 

§ 3. The owners of property stored in any warehouse, or 
holder of a receipt for the same, shall always be at liberty to 
examine such property stored, and all the books and records 
of the warehouse in regard to such property. 



48 Constitution 



§ 4. All railroad companies and other common carriers on 
railroads shall weigh or measure grain at points where it is 
shipped, and receipt for the full amount, and shall be respon- 
sible for the delivery of such amount to the owner or consignee 
thereof, at the place of destination. 

§ 5. All railroad companies receiving and transporting 
grain in bulk or otherwise, shall deliver the same to any con- 
signee thereof, or any elevator or public warehouse to which it 
may be consigned, provided such consignee or the elevator or 
public warehouse can be reached by any track owned, leased 
or used, or which can be used, by such railroad companies; 
and all railroad companies shall permit connections to be 
made with their track, so that any such consignee, and any 
public warehouse, coal bank or coal yard, may be reached 
by the cars on said railroad. 

§ 6. It shall be the duty of the general assembly to pass 
all necessary laws to prevent the issue of false and fraudulent 
warehouse receipts, and to give full effect to this article of the 
constitution, which shall be liberally construed so as to pro 
tect producers and shippers. And the enumeration of the rem- 
edies herein named shall not be construed to deny to the gen- 
eral assembly the power to prescribe by law such other and 
further remedies as may be found expedient, or to deprive any 
person of existing common law remedies. 

§ 7. The general assembly shall pass laws for the inspec- 
tion of grain, for the protection of producers, shippers and re- 
ceivers of grain and produce. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

§ 1. By a Constitutional Convention. | §2. Proposed by the Legislature. 

§ 1. Whenever two-thirds of the members of each house 
of the general assembly shall, by a vote entered upon the jour- 
nals thereof, concur that a convention is necessary to revise, 
alter or amend the constitution, the question shall be submitted 
to the electors at the next general election. If a majority vot- 
ing at the election vote for a convention, the general assembly 



State of Illinois. 49 



shall, at the next session provide for a convention, to consist 
of double the number of members of the senate, to be elected in 
the same manner, at the same places, and in the same districts. 
The general assembly shall, in the act calling the convention, 
designate the day, hour and place of its meeting, fix the pay 
of its members and officers, and provide for the payment of the 
same, together with the expenses necessarily incurred by the 
convention in the performance of its duties. Before proceeding, 
the members shall take an oath to support the constitution of 
the United States, and of the state of Illinois, and to faithfully 
discharge their duties as members of the convention. The qual- 
ification of members shall be the same as that of members of 
the senate, and vacancies occurring shall be filled in the man- 
ner provided for filling vacancies in the general assembly. Said 
convention shall meet within three months after such election ? 
and prepare such revision, alteration or amendments of the 
constitution as shall be deemed necessary, which shall be sub- 
mitted to the electors for their ratification or rejection, at an 
election appointed by the convention for that purpose, not less 
than two nor more than six months after the adjournment 
thereof; and unless so submitted and approved, by a majority 
of the electors voting at the election, no such revision, altera- 
tions or amendments shall take effect. 

§ 2. Amendments to this constitution may be proposed in 
either house of the general assembly, and if the same shall be 
voted for by two-thirds of all the members elected to each of the 
two houses, such proposed amendments, together with the yeas 
and nays of each house thereon, shall be entered in full on their 
respective journals, and said amendments shall be submitted 
to the electors of this state for adoption or rejection, at the 
next election of members of the general assembly, in such man- 
ner as may be prescribed by law. The proposed amendments 
shall be published in full at least three months preceding the 
election, and if a majority of the electors voting at said election 
shall vote for the proposed amendments, they shall become a 
part of this constitution. But the general assembly shall have 
no power to propose amendments to more than one article 



50 CONSTITUTION 



of this constitution at the same session, nor to the same article 
oftener than once in four years. 

SECTIONS SEPARATELY SUBMITTED. 

ILLINOIS CENTRAL RAILROAD. 

Illinois Central Railroad. I Illinois and Michigan Canal. 

Municipal Subscriptions to Corporations. 

No contract, obligation or liability whatever, of the Illinois 
Central Railroad Company, to pay any money into the state 
treasury, nor any lien of the state upon, or right to tax prop- 
erty of said company, in accordance with the provisions of the 
charter of said company, approved February tenth, in the 
year of our Lord one thousand eight hundred and fifty-one, 
shall ever be released, suspended, modified, altered, remitted, 
or in any manner diminished or impaired by legislative or 
other authority; and all moneys derived from said company, 
after the payment of the state debt, shall be appropriated and 
set apart for the payment of the ordinary expenses of the 
state government, and for no other purposes whatever. 

MINORITY REPRESENTATION. 

[See Sections 7 and 8, Article IV, Page 9.] 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE 
CORPORATIONS. 

No county, city, town, township, or other municipality, shall 
ever become subscriber to the capital stock of any railroad or 
private corporation, or make donation to or loan its credit in 
aid of, such corporation: Provided, however, that the adoption 
of this article shall not be construed as affecting the right of 
any such municipality to make such subscriptions where the 
same have been authorized, under existing laws, by a vote of 
the people of such municipalities prior to such adoption. 

CANAL. 

The:: Illinois and Michigan Canal shall never be sold or 
leased until the specific proposition for the sale or lease there- 
of shall first have been submitted to a vote of the people of the 
state, at a general election, and have been approved by a ma- 
jority of all the votes polled at such election. The general as- 



State of Illinois. 



51 



sembly shall never loan the credit of the state, or make appro- 
priations from the treasury thereof, in aid of railroads or ca- 
nals: Provided^ that any surplus earnings of any canal may 
be appropriated for its enlargement or extension. 



SCHEDULE. 



6 1. Laws in force remain valid. 

6 2 Finos, Penalties and Forfeitures. 

i 3. Recognizances, Bonds, Obligations. 



6 4. Present county Courts continued. 
§ 5. All existing Courts continued. 
§ 6. Persons now in Office continued. 



That no inconvenience may arise from the alterations and 
amendments made in the constitution of this state, and to 
carry the same into complete effect, it is hereby ordained and 
declared : 

§ 1. That all laws in force at the adoption of this constitu- 
tion, not inconsistent therewith, and all rights, actions, prose- 
cutions, claims, and contracts of this state, individuals, or 
bodies corporate, shall continue to be as valid as if this con- 
stitution had not been adopted. 

§ 2. That all fines, taxes, penalties and forfeitures, due and 
owing to the state of Illinois under the present constitution 
and laws, shall inure to the use of the people of the state of 
Illinois, under this constitution. 

§ 3. Recognizances, bonds, obligations, and all other instru- 
ments entered into or executed before the adoption of this con- 
stitution, to the people of the state of Illinois, to any state or 
county officer or public body, shall remain binding and va id; 
and rights and liabilities upon the same shall continue, and all 
crimes and misdemeanors shall be tried and punished as though 
no change had been made in the constitution of this state. 

§ 4. County courts for the transaction of county business 
in counties not having adopted township organization, shall 
continue n? existence, and exercise their present jurisdiction un- 
til the board of county commissioners provided in this consti- 
tution, is organized in pursuance of an act of the general assem- 
bly; and the county courts in all other counties shall have the 
same power and jurisdiction they now possess until otherwise 
provided by general law, 

§ 5. All existing courts which are not in this constitution 



52 Constitution 



specifically enumerated, shall continue in existence and exer- 
cise their present jurisdiction until otherwise provided by law. 
§ 6. All persons now filling any office or appointment shall 
continue in the exercise of the duties thereof according to their 
respective commissions or appointments, unless by this con- 
stitution it is otherwise directed. 

[Sections 7 to 17 both inclusive, providing for the submission of this constitution 
and voting- thereon by the people, having become inoperative by the adoption of this 
constitution, are omitted herein.] 

§ 18. All laws of the state of Illinois, and all official writings, 
and the executive, legislative and judicial proceedings, shall 
be conducted, preserved and published in no other than the 
English language. 

§ 19. The general assembly shall pass all laws necessary 
to carry into effect the provisions of this constitution. 

§ 20. The circuit clerks of the different counties, having a 
population over sixty thousand, shall continue to be Recorders 
(ex-officio) for their respective counties, under this constitu- 
tion, until the expiration of their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, 
in lieu of any salary provided for in this constitution, receive 
the compensation now provided by law until the adjournment 
of the first session of the general assembly after the adoption 
of this constitution. 

§ 22. The present judge of the circuit court of Cook county 
shall continue to hold the circuit court of Lake county until 
otherwise provided by law. 

§ 23. When this constitution shall be adopted, and take 
effect as the supreme law of the state of Illinois, the two-mill 
tax provided to be annually assessed and collected upon each 
dollar's worth of taxable property, in addition to all other taxes, 
as set forth in article fifteen of the now existing constitu- 
tion, shall cease to be assessed after the year of our Lord one 
thousand eight hundred and seventy. 

§ 24. Nothing contained in this constitution shall be so con- 
strued as to deprive the general assembly of power to author- 
ize the city of Quincy to create any indebtedness for railroad 
or municipal purposes for which the people of said city shall 
have voted and to which they shall have given, by such vote, 



State of Illinois. 53 

their assent, prior to the thirteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-nine: 
Provided* that no such indebtedness, so created, shall, in any 
part thereof be paid by the state, or from any state revenue tax 
or fund, but the same shall be paid, if at all, by the said city 
of Quincy alone, and by taxes to be levied upon the taxable 
property thereof: And provided, further, that the general as- 
sembly shall have no power in the premises, that it could not 
exercise under the present constitution of this state. 

§ 25. In case this constitution, and the articles and sections 
submitted separately, be adopted, the existing constitution shall 
cease in all its provisions, and in case this constitution be 
adopted, and any one or more of the articles or sections sub- 
mitted separately be defeated, the provisions of the existing 
constitution, if any, on the same subject shall remain in forced. 

§ 26. The provisions of this constitution required to be ex- 
ecuted, prior to the adoption or rejection thereof, shall take ef- 
fect and be in force immediately. 

Done in convention at the capitol, in the city of Springfield, 
on the thirteenth day of May, in the year of our Lord one thou- 
sand eight hundred and seventy, and of the independence of 
the United States of America the ninety -fourth. 

In witness whereof we have hereunto subscribed our names: 

CHARLES HITCHCOCK, President 

William J. Allen, Jas. McCoy, 

John Abbott, Charles E. McDowell, 

James C. Allen, William C. Goodhue, 

Elliott Anthony, Joseph Medill, 

Win. R. Archer, Clifton H. Moore, 

Henry I. Atkins, Jonathan Merriam, 

James G. Bayne, Joseph Parker, 

R. M. Benjamin, Samuel C. Parks, 

H. P. H. Bromwell, Peleg S. Perley, 

O. H. Browning, J. S. Poage, 

Wm. G. Bowman, Fdward Y. Rice, 

Silas L. Bryan, James P. Robinson, 

H. P. Buxton, Lewis W. Ross, 



54 



Constitution 



Danie] Cameron, 
William Cary, 
Lawrence S. Church, 
Hiram H. Cody, 
W. F. Coolbaugh, 
Alfred M. Craig, 
Robert J. Cross, 
Samuel P. Cummings, 
John Dement, 
G. S. Eldridge, 
James W. English, 
David Ellis, 
Ferris Forman, 
Jesse C. Fox, 
Miles A. Fuller, 
John P. Gamble, 
Addison Goodell, 
John C. Haines, 
Elijah M. Haines, 
John W. Hankins, 
R. P. Hanna, 
Joseph Hart, 
Abel Harwood, 



Milton Hay, 

Samuel Snowden Hayes, 
Jesse S. Hildrup, 
Attest: — John Q. Harmon, Secretary. 

Daniel Shepard, First Assistant Secretary. 

A. H. Swain, Second Assistant Secretary. 



Robert A. King, 
William P. Peirce, 
N. J. Pillsbury, 
Jno. Scholfield, 
James M. Sharp, 
Henry Sherrell, 
Wm. H. Snyder, 
O. C. Skinner, 
Westel W. Sedgwick, 
Charles F. Springer, 
John L. Tincher, 

C. Truesdale, 
Henry Tubbs, 
Thomas J. Turner, 
Wm. H. Underwood, 
Wm. L. Vandeventer, 
Henry W. Wells, 
George E. Wait, 
George W. Wall, 

R. B. Sutherland, 

D. C. Wagner, 
George R. Wendling, 
Chas. Wheaton, 
L. D. Whiting, 
John H. Wilson, 
Orlando H. Wright. 



UNITED STATES OF AMERICA, 
STATE OF ILLINOIS. 



ss. 



Office of Secretary. 



I, George H. Harlow, Secretary of State of the State of Illinois, do hereby certify that 
the foregoing is a true copy of the constitution of the State of Illinois adopted in conven- 
tion on the 13th day of May, 1870, ratified by a vote of the people on the 2nd day of July, 
1870, and in force on the 8th day of Aug-ust, 1870, and as amended in 1878, and now on file 
in this office. In testimony whereof I have hereunto set my hand and affixed the Great 
Seal of State. Done at the city of Springfield, this 31st day of January, A. D. 1880. 

GEO. H. HARLOW, Secretary of State. 



PROCLAMATION. 

STATE OF ILLINOIS-DEPARTMENT OP STATE. 

Pursuant to the provisions of section eleven Of th«> BCheduleof the institution adopted 
by tho people Of the State Of Illinois, OH Saturday, tD Of July, A. D. 1870, 

I, John M. Palmer, (Governor of the Btate of Qlinoif, do hereby proolaim that on the 

twenty-seventh day of July, a. D. 1870, the official abstracts of tho vote east on the 
said second day of July, A. D. 1870, by the electors of the Several counties of the state 

of Illinois, for and agalnsl the adoption of the proposed new constitution of the state 
of Illinois, and for and against the adoption of the several articles separately submitted 
therewith were duly canvassed by the Secretary of State, Auditor and Treasurer of 
State, in my presence, and that the result of said canvass was as follows: 

Por the new Constitution, there were 134,227 votes. 

Against the new Constitution 35, 443 votes. 

For the sections relating to Railroads in the article entitled "Cor- 
porations," 144,750 votes. 

Against the sections relating to Railroads in the article entitled "Cor- 
porations," 23,525 votes. 

For the article entitled "Counties," 136,815 votes. 

Against the article entitled "Counties," 31,644 votes. 

For the article entitled "Warehouses," 143,533 votes. 

Against the article entitled "Warehouses," 22,702 votes. 

For a three-fifths vote to remove county seats, 127, 077 votes . 

Against a three-fifths vote to remove county seats, 41, 417 votes. 

For the section relating to the Illinois Central Railroad, 147,032 votes. 

Against the section relating to the Illinois Central Railroad, 21,310 votes. 

For the section relating to Minority Representation, 99, 022 votes. 

Against the section relating to Minority Representation, 70, 080 votes. 

For the section relating to Municipal Subscriptions to Railroad or Pri- 
vate Corporations, 134, 114 votes . 

Against the section relating to Municipal Subscriptions to Railroads 

or Private Corporations, 34, 061 votes . 

For the section relating to the Canal, 142,540 votes. 

Against the section relating to the Canal, 27, 017 votes . 

And it further appearing from said abstracts that a majority of the votes cast were 
for the adoption of the proposed constitution, and for all the several articles separ- 
ately submitted therewith, now, therefore, I, John M. Palmer, Governor of the state 
of Illinois, do further proclaim that on and after the eighth day of August A. D. 1870. 
the aforesaid constitution, and the articles submitted therewith, will become the supreme 
law of the state of Illinois. In testimony whereof, I have hereto set my hand and caused 
the great Seal of state to be affixed. Done at Springfield, this twenty-seventh day of 
July, A. D. 1870. 

JOHN M. PALMER. 

[seal.] By the Governor; Edward Rtjmmel, Secretary of State. 



EXECUTIVE PROCLAMATION. 

STATE OF ILLINOIS-EXECUTIVE DEPARTMENT. 

Whereas, in conformity with the laws of the state of Illinois and a joint resolution 
of the 30th general assembly of said state the electors of said state of Illinois did on 
the 5th day of November A. D. 1878, (it being the day fixed by law for the election of 
members of the general assembly) vote for and against the proposed amendment of the 
31st section of the 4th article of the constitution of this state as designated and s<?t 
forth in the joint resolution of the 30th general assembly of said state of Illinois; and 



Whereas, on tbe 25th day of November A. B. 1878, a canvass of the abstracts of 
votes cast for and against the proposed amendment of said section 31, article 4, of the 
constitution of this state, as certified to by the various county clerks of said state, was 
made in my presence by George H. Harlow, secretary of state, Thomas B. Needles, 
auditor of public accounts and Edward Rutz, treasurer of state, who are designated 
by law for this duty; and 

Whereas, From said canvass it appears that 

The whole number of votes cast for said proposed amendment was.. 295, 960 votes. 

That the whole number cast against said proposed amendment was.. 60,081 votes. 

And that the greatest number of votes cast at said election in said state was for the 
candidates for clerks of the Supreme Court for the three grand divisions of the state, 
which in the aggregate numbered 448,796 votes. 

Now therefore, I, Shelby M. Cullom, governor of the State of Illinois, in conformity 
with section 7 of an act of the 30th general assembly of the State of Illinois entitled 
"An act to provide the manner of proposing amendments to the constitution and 
submitting the same to the electors of this State' ■ approved March 14, 1877, in force 
July 1, 1877, do hereby publish and proclaim: 

That a majority of all the votes cast by the electors of said State of Illinois on the 
5th day of November A. D. 1878 was for the proposed amendment to sectien 31, arti- 
cle 4, of the constitution of the State of Illinois and I do further proclaim that said 
section 31, article 4 of the constitution, by virtue of the approval of a majority of 
the electors of said state, is now as follows: 

"The general assembly may pass laws permitting the owners of lands to construct 
drains, ditches and levees for agricultural, sanitary or mining purposes, across the 
lands oi others, and provide for the organization of drainage districts and vest the 
corporate authorities thereof, with power to construct and maintain levees, drains and 
ditches, and to keep in repair all drains, ditches and levees heretofore constructed 
under the laws of this state, by special assessments upon the property benefited 
thereby." And the said section as amended is now apart of the constitution of the 
state of Illinois. 

In testimony whereof I hereto set my hand and cause to be affixed the great seal 
of state. 

Done at the city of Springfield this 29th day of November in the 



1 L. S. I y ear of our Lord one thousand eight hundred and seventy eight and 

of the independence of the United States the one hundred and third. 



By the Governor: S. M. CULLOM. 

Geo H. Harlow, Secretary of State 



I N DEX. 



Preamble 



Boundaries 



Page. 



ARTICLE I 



ARTICLE II. 

BILL OF KIGHTS. 

? 1 Inherent and Inalienable Rights 4 

Due Process of Law 4 

i 3 Liberty of Conscience Guaranteed... 4 

^ 4 Freedom of the Press-libel 4 

fi 6. Right of Trial by Jury 4 

* 6. Unreasonable Searches and Seizures. 5 
S 7. Bail allowed— Writ of Habeas Cor- 
pus 5 

i 8 Indictment required -Grand Jury 

Abolished 5 

9 9. Riarhts of Persons Accused of Crime. 5 
S 10. Self Crimination— Former Trial ..5 
S 11. Penalties proportionate— Corruption- 
Forfeiture 5 

S 12. Imprisonment for debt 5 

i 13 Compensation for Property taken ... 6 
S 14 Ex post facto laws— Irrevocable 

Grants rt 

8 15. Military Power Subordinate 6 

* 16. Quartering of Soldiers 6 

Right of Assembly and Petition. ..6 
? 18. Elections to be Free and Equal.. ... 6 

S 19. What Laws ought to be 6 

8 20. Fundamental Principles 6 

ARTICLE III. 

Distribution of Powers 6 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 



General Assembly elective 7 

Time of Election— Vacancies 7 

are Eligible 7 

[ualiflcation by Crime 8 

) taken by members '. 8 

norial Apportionments 8 

and 8. Minority Representation 9 

Time of meeting General Rules.. 9 
cv— Adjournment —Journal 

Protests 10 

Laws 11 

Origin and passage ot Bills 11 

• iing — Printing — Title — Amend- 

mei 11 

Privileges of members 

members 11 

Bills making Appropriations 12 

nent of money— Statement of 

Expenses 12 

Ordinary Expenses— Casual Deficits - 

Appropriations limited 12 

Extra Compensation or Allowance. IS 

Public Credit not loaned 13 

Pay and mileage of members 13 



1 


1 


f 


» 


1 


1 


1 


4 


1 


B 


1 





? 


7 


1 




? 10 


6 


11 


i 




i 




i 


14 


1 




6 


1* 


1 17 


S 18 


S 19 


S 20 


21 



8 22 
§ 88! 

3 24. 
8 25. 
8 26. 
8 27. 
8 28. 
8 29. 
8 90. 
8 31. 
8 32. 
8 33. 



8 1 



8 9 
8 10. 
§ 11 
I 12 
§ 13. 

I U 
§ 15 

8 16. 

8 17. 

8 18. 

8 19 

§ 20, 

8 21. 

S 22. 

8 23 

8 24 

8 25 



? 


1. 


1 


^ 


1 


3. 


1 


4. 


1 


5. 


1 


6. 


1 


7 


1 


8 


1 




1 


in 


1 


11 


* 


vz 


1 




8 


14 


8 15. 




; IT 



Paob. 

Special Legislation prohibited 14 

Against Release from Liability 15 

Proceedings on Impeachment....... 15 

Fuel, Stationery, and Printing 16 

State not to be sued 16 

Lotteries and gift enterprises 19 

Terms of Office not Extended 16 

Protection of operative miners ... .16 
Concerning Roads-public and private. 16 

Draining and Ditching 17 

Homestead and Exemption Laws 17 

Completion of the State House 17 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Officers of this Department 17 

Of the State Treasurer 18 

Time of Electing State Officers 18 

Returns -Tie— Contested Election .18 

Eligibility for Officers 1VI 

Governor— Power and duty ... 19 

His Message and Statement 19 

Convening the General Assembly ...19 
Proroguing the General Assembly. . .20 

Nominations by the Governor 20 

Vacancies may be Filled 20 

Removals by the Governor 20 

Reprieves— Commutations — Pardons. 20 

Governor as Commander-in-chief 20 

Impeachment for Misdemeanor 21 

Veto of the Governor 21 

Lieutenant Governor as Governor... 21 
As President of the Senate 21 

Vacancy in Governor's offl 
Vacancy in other State offices. . 
Reports of State officers 

Great Seal of State 

Fees and Salaries. 23 

Definition of ■ 'office". 23 

Oath of civil officers 23 

ARTICLE VI. 

JUDICIAL DEPARTMENT 

Judicial powers of courts 24 

i Supreme Judges— Four de- 
cide '.'4 

Qualifications of a Supremo Jud^re 24 

Terms of the Supreme Court 24 

Three Grand Di\ isi Dis- 
tricts .25 

ipreme Judges 26 

Salaries of the Supreme Judges 26 

Appeals and Writs of Error 26 

Appointment of Reporter 26 

Clerks of the Supreme Court 26 

Appellate I ourtfl Authorized 27 

Jurisdiction of Circuit Courts. . ... 

Formation of Judicial Circuits 

Time of Holding Circuit Courts 27 

Circuits containing four Judges 28 

riee of the Circuit Judges 28 

Qualification of Judges or commis- 
§ioners 29 



II 



Page. 

§ 18. County Judges— County Clerk 29 

§ 19. Appeals from County Courts 29 

§20. Probate Courts Authorized — . .. .29 
§ 21. Justices of the Peace and Consta- 
bles 30 

§ 22. State's Attorney in each County 30 

§ 23. Cook County Courts of Record 30 

\ 24. Chief Justice— Power of Judges 30 

§25. Salaries of the Judges 31 

§ 26. Criminal Court of Cook County 31 

§ 27. Clerks of Cook County Court 31 

$ 28. Justices in Chicago 32 

§ 29. Uniformity in the Courts 32 

§ 30. Removal of any Judge 32 

§ 31. Judges to make Written Reports 32 

| 32. Terms of office— Filling Vacancies. . .33 
9 33. Process— Prosecutions— Population. . 33 

ARTICLE VTI. 

SUFFRAGE . 

§ 1. Who are Entitled to Vote 33 

§ 2. All Voting to be by Ballot 34 

§ 3. Privileges of Electors .... 34 

| 4. Absence on Public Business 34 

§ 5. Soldier not Deemed a Resident 34 

§ 6. Qualifications for Offiee 34 

§ 7. Persons Convicted of Crime 34 

ARTICLE VIII. 

EDUCATION . 

a 1. Free Schools Established 34 

I 2. Gifts or Grants in aid of Schools. .34 

§ 3. Public Schools not to be Sectarian. .35 

§ 4. School Officers not Interested 35 

§ 5. County Superintendent of Schools. 35 

ARTICLE IX. 

REVENUE. 

\ 1. Principles of Taxation Stated 35 

§ 2. Other and further Taxation 36 

§ 3. Property Exempt from Taxation 30 
§ 4. Sale of Real Property for Taxes .. .3(5 
§ 5. Right of Redemption therefrom .36 
§ 6. Release from Taxation Forbidden.. 37 
I 7. Taxes paid into State Treasury . ..37 

§ 8. Limitation on County Taxes 37 

§ 9. Local Municipal Improvements 37 

§ 10. Taxation of Municipal Corporations. 37 

§ 11. Defaulier not to be Eligible 37 

§ 12. Limitation on Municipal Indebted- 
ness . .. 38 

ARTICLE X. 

COUNTIES . 

| 1. Formation of New Counties 38 

§ 2. Division of any County 38 

§ 3 Territory stricken from a County 39 

§ 4. Removal of a County Seat 39 

8 5. Methods of County Government 39 

§ 6. Board of County Commissioners 40 

S 7. County affairs in Cook County 40 

§ 8. County Officers -Terms of Office. ...40 
§ 9. Salaries and Fees in Cook County... 41 

8 10. Salaries fixed by County Board 41 

§ 11. Township Officers Special Laws 42 

§12. All Future Fees Uniform 42 

5 13. Sworn Report of all Fees 42 



ARTICLE XI. 

corporations . 

Page. 

§ 1. Established only by General Laws 42 

§ 2. Existing Charters— How Forfeited ..43 
8 3. Election of Directors or Managers.. .43 

§ 4. Construction of Street Railroads 43 

§ 5. State Bank Forbidden— General Law. 43 

8 6 Liability of Bank Stockholder. 44 

§ 7. Suspension of Specie Payment 44 

§ 8. Of a General Banking Law .44 

§ 9. Kailroad Office— Books and Records . . .44 

§ 10. Personal Property of Railroads 45 

§11. Consolidations Forbidden 45 

§ 12. Railroads deemed Highways— Rates 

Fixed 45 

§ 13. Stock, Bonds and Dividends 45 

8 14. Power over Existing Companies . . 46 
§ 15. Freight and Passenger Tariffs regu- 
lated 46 

ARTICLE XII. 

MILITIA . 

8 1. Persons composing the Militia 46 

§ 2. Organization— Equipment— Discipline.46 

§ 3. Commissions of Officers 46 

§ 4. Privilege from Arrest 46 

$ 5. Records, Banners and Relics. 47 

§ 6 Exemption from militia duty ... 47 

ARTICLE XIII. 

WAREHOUSE. 

8 1. What deemed Public Warehouses 47 

8 2. Sworn weekly statements required. 47 

§ 3. Examination of property stored 47 

8 4. Carriers to Deliver full Weight 48 

8 5. Delivery of Grain by Railroads 48 

§ 6. Power and Duty of the Legislature. .48 

§ 7. Grain Inspection — Protection of 

Dealers 48 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

8 1. By a Constitutional Convention . .48 
§ 2. Proposed by the Legislature 49 

SECTION8 SEPARATELY SUBMITTED. 

Illinois Central Railroad 50 

Illinois and Michigan Canal 50 

Municipal Subscriptions to Coiporations. .50 

8CHEDULE . 

§ 1. Laws in force remain Valid \ 

§ 2. Fines, Penalties ond Forfeitures . 51 

§ 3. Recognizances, Bonds. Obligations. .51 

§ 4 Present County Courts continued. . 51 

§ 5. All existing Courts continued 51 

§ 6. Persons now in Office continued .. 51 

PROCLAMATION 1870. 

State of Illinois, Department of State 55 

PROCLAMATION 1870. 



State of Illinois— Executive Department 
1878 



.55 



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